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Tag: Judiciary

  • Security, unfettered judiciary my priority, says Ubah

    Security, unfettered judiciary my priority, says Ubah

    Anambra State Labour Party (LP) governorship candidate Chief Ifeanyi Ubah has unfolded his manifestos in Awka, the state capital. He promised to ensure security and independence of the judiciary, if elected as the governor on November 16.

    The state has been under the scourge of insecurity for some years. Kidnappers and ritual killers have been on rampage. Thus, security is on the front burner during this electioneering as people want to know how the candidates will tackle the menace.

    Ubah promised to comprehensively review the security situation by making it a joint enterprise involding the government and the governed.

    The flagbearer, who addressed the youths at a rally, pledged to guarantee a peaceful atmosphere for investment.

    He said: “We will implement a comprehensive plan to tackle the root causes of insecurity. The reliance on the use of force alone will not stem the tide of insecurity in the state. We will focus on preventive measures to stop crimes from being committed, rather than waiting to detect crimes and apprehend offenders after the act has been committed.

    “We will implement job and training programmes to take idle youths off the streets and keep them meaningfully engaged”.

    Ubah also said that his administration will involve the citizens in neighbourhood security, which shall broaden intelligence-gathering capabilities.

    He added: “We will deploy helicopters and hightech surveillance equipment for the police and other security stakeholders for use in the monitoring of our borders for criminal activities and to nip them in the bud.”

    The politician lamented that security votes are often not used for the intended purposes, assuring that that misuse willl end.

    On the administration of justice, Ubah said he would initiate a broad-based system that will meet international best practices and reduce delays in the dispensation of justice.

    He also promised to ensure the independence of the judiciary so that the arm of government can discharge its duties without let and hinderances.

     

  • CJN, NBA seek more funds for Judiciary

    CJN, NBA seek more funds for Judiciary

    The Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar, and the President of the Nigerian Bar Association (NBA), Okey Wali (SAN), have called for increased funding of the Judiciary.

    They said the third arm of government was gradually being incapacitated by dwindling budgetary allocations.

    Both legal luminaries noted that without adequate funding, the Judiciary would be unable to perform its constitutional roles.

    They spoke yesterday in Abuja at the beginning of the new legal year of the Supreme Court and the swearing-in of new Senior Advocates of Nigeria (SANs).

    Justice Mukhtar said the nation’s courts were ill-equipped, without necessary infrastructure and could hardly function as required in modern society because of paucity of funds.

    She said: “On the whole, it is hoped that as we begin a new legal year, the government will live up to its expectation and rescue the Judiciary from plunging further.

    “A situation where budgetary allocation to the Judiciary continues to drop while the general government budget is on a steady increase every year is clearly an impediment to the quick and effective dispensation of justice in Nigeria and, on the whole, a setback to the current effort at transforming the Judiciary.

    “Over the years, funding of the courts has remained a challenge, as evident in the conditions of many courts in Nigeria today.

    “Statistics has shown that funding from the Federal Government has witnessed a steady decline since 2010, from N95 billion in that year to N85 billion in 2011, then N75 billion in 2012 and dropped again in the 2013 budget to N67 billion.

    “Indeed, with this amount, if the amount allocated to the extra-judicial organisations within the Judiciary is deducted, the courts are left with a paltry sum to operate. The simple implication is that our courts are increasingly finding it difficult to effectively perform their day-to-day constitutional roles.

    “The effect of a slim budget for the Judiciary is that a number of courts in Nigeria today evince decay and neglect of infrastructural amenities, particularly at the state level.

    “In some cases, court buildings do not possess the required well-equipped libraries for judges to conduct their research. This may make judges to rely on information supplied by lawyers, which should not be the case.”

    Justice Mukhtar expressed delight that her effort to restore public confidence in the Judiciary was yielding fruits.

    She urged the Federal Government to, “at all times, ensure total compliance with the rule of law and adhere to the principle of separation of powers”.

    The CJN regretted the continuous delay in court processes, particularly in relation to the prosecution of criminal cases.

    Wali said: “Our justice sector is in decay. The infrastructure and ideas are not of this century. Insufficient funds are devoted to justice-related matters.

    “This is in spite of the fact that the justice sector plays a pivotal role in maintaining law and order. It is the justice sector that drives the rule of law.”

    The NBA president was worried that Nigerian leaders were more concerned with the next general elections at the detriment of their responsibilities to the people.

    He said: “The NBA is chagrined by the buccaneering, crass materialism and rampant oppotunism that have bedevilled Nigerian politics and governance.

    “These reached a crescendo in the last few months. Our political landscape has increasingly been marked by violent rivalry, cheap and ugly theatrics, infantile displays of power and sheer impunity.

    “The NBA condemns this trend and calls on all concerned to stem the tide well ahead of the 2015 general elections, when Nigerians will vote out the anarchists in our midst.”

    The NBA president called for the inclusion of his association’s representatives in the National Judicial Council (NJC’s) activities.

    He frowned at the practice where NBA representatives were excluded when NJC were to take decisions in cases affecting judicial offices.

    Wali, who asked for the inclusion of NBA president as an institutional memeber of the Legal Practitioners Privileges Committee (LPPC), also advocated a review of the criteria for the appointment of SANs.

    The Attorney-General of the Federation (AGF), Mohammed Adoke (SAN) frowned at the gradual erosion of discipline among legal practitioners. He urged the NBA to be firm on discipline and ethical conduct among lawyers, particularly the senior ones.

     

     

     

     

     

     

     

     

     

     

     

     

  • The judiciary on trial

    Obviously, the last has not been heard about the can of worms opened by retired Justice of the Federal High Court, Okechukwu Okeke on the judiciary. The more intriguing aspect of Justice Okeke’s revelation relates to his lamentation that he was ‘a victim of injustice in the Nigerian judiciary’, by virtue of the ‘warning letter’ he received from the National Judicial council (NJC).

    The Council, the apex body for the country’s judiciary is a creation of the 1999 Constitution as amended, and is vested with powers to exercise disciplinary control over judges and other judicial officers nationwide. Justice Okeke had accused the council of issuing him a warning unjustly over a petition against him and apparently without giving due consideration to his response. His observation pitted him directly against the NJC, which had considered it necessary to publicly issue a statement it titled ‘setting the records straight’, and in which the council counter-accused the retired judge of allegedly misleading members of the public. An offshoot of this episode has equally become messy for the judiciary’s image. And that is Okeke’s charge, while speaking at a valedictory held in his honour last month that a serving justice of the Supreme Court allegedly tried to influence a case involving a Managing Director of a bank. According to him, the Supreme Court Justice sent his daughter to him (Justice Okeke) with a directive that he should vacate the order granting Asset Management Corporation of Nigeria (AMCON) the takeover of a property of the bank, one of which the daughter and son-in-law to the Supreme Court Justice lived in. Justice Okeke claimed that the daughter again visited him in his chambers on March 8, 2012 with the same instructions from the judge. The retired judge, overall, accused the Supreme Court Justice of being behind his travails with the NJC.

    If anything is clear from this trading of blame, it is that all is not well within the judiciary. And that the head of that institution, Justice Mukhtar, still has a lot to do, in fulfilment of her promise to stamp out corruption. Said Justice Mukhtar to the Senate Committee that screened her appointment at the time: “Corruption is in every system of our society and I can’t pretend that it is not in the judiciary. What I intend to do to curb this is to lead by example and hope that others will follow. As chairman of NJC, I will encourage internal cleansing based on petitions…”

    The justice Okeke’s can of worms is a veritable excuse for the CJN not just to abide by her promise to lead by example, but to also go beyond hoping for others to follow. She needs to put in place strict measures to ensure that others follow. The first of this of course is to fully investigate and make public findings in all petitions made against judges. It is true that the country’s current democracy is permissible of many expressions, including petty and frivolous ones aimed, often, at scoring cheap political points. Yes, the CJN must sift these, but she must not throw away the substance with the flimsy. In its advertorial, the council admitted that newspapers’ publication of Justice Okeke’s speech (How I became a victim of judiciary’s injustice) “cast aspersions’ on the council in particular and the judiciary at large”. But according to it, the NJC received five petitions written against Justice Okeke while he was serving as a judge. After obtaining his responses to the allegations contained in the first three petitions, the NJC considered them at its meeting of April 24 and 25.

    “In the course of deliberation, Council noted that Hon. Justice Okechukwu Okeke would be retiring from service on 19th May, 2013. At the end of deliberation, Council noted the three petitions and the reactions by Hon. Justice O. Okeke and decided to warn him to desist from such acts that are prejudicial to the integrity of the judiciary and administration of justice. It is to be stressed that Hon. Justice Okeke’s responses to the remaining 4th and 5th separate petitions did not form part of the decision of the Council at its meeting which was held on 24th and 25th April, 2013.”

    The NJC went on to observe that the 5th petition against Justice Okeke relates to the AMCON case where the judge gave an exparte order in favour of AMCON. “By the provision of Rule 2(2) of the Code of Conduct for judicial officers of the Federal Republic of Nigeria, ‘a judicial officer must avoid the abuse of the power of issuing interim injunctions, ex-parte. A meticulous examination of the 5th petition and the response by Hon. Justice Okeke has shown that the exparte order granted by His Lordship in favour of AMCON established a case of misconduct contrary to Code of conduct for Judicial Officers of the Federal Republic of Nigeria. However, the said petition and reaction were not considered by Council because of time constraint. Council is therefore constrained to state that Hon. Justice Okechukwu Okeke misled members of the Nigerian public into believing that the National Judicial Council issued him a warning letter based on the exparte order he gave in the AMCON’s case: the fifth petition.”

    The council concluded that from the totality of the facts as stated, Justice Okeke’s speech was not correct, and it was “nothing but a figment of his imagination, as the warning letter issued to him by Council was not as a result of the exparte order he granted in respect of the AMCON’s case.”

    There is a vacuum begging for filling in the NJC’s action to set the records straight. Why and how did it arrive at the conclusion that the AMCON’s case established a case of misconduct, contrary to the code of Conduct, against Justice Okeke; when it declared, in just the next breadth that “the said petition and reaction by Hon. Justice Okeke were not considered by council because of time constraint.” The only avenue where a prima facie case can be said to be established against an accused person is in court; and then after the court has duly considered a relevant application and response against it by the parties. The NJC not being a court (never mind that its head is actually the Chief Justice), cannot in good conscience give a publicized ‘ruling’ as it did in its advertorial. Nevertheless, Justice Okeke will be free to counter the NJC, except that by their professional culture, judges, whether in or out of service, do not normally join issues publicly.

    A judge’s character should not be smeared on mere suspicion or on allegations that are less then substantial. But the brickbats being thrown raise public curiosity, and call for a thorough inquiry. As it is, the NJC has been drawn into the arena, not as an umpire, but an interested party. Tongues definitely will wag, and the CJN is tasked as to how to handle it. She cannot be seen to be protecting the personal interest of her fellow judge at the apex bench; nor can she afford to conduct a secret investigation that will further raise more eyebrows. She needs tact, courage and wisdom to handle this can, and she cannot pretend that all is well and therefore keep quiet, hoping that Nigerians will soon forget.

    The entire episode is an unhealthy development for the judiciary, which has been in the limelight for the wrong reasons of corruption, slow pace of justice delivery, a dearth of basic infrastructure and tools; and a need for a cleansing. Critically, the development portends some effects on the court system, and ultimately, the judiciary institution suffers, along with the country’s credibility to the outside world. This is one case that should not be allowed to adorn the toga of the justices Salami – Katsina –Alu crisis. Again, the ball is in the court of Chief Justice Mariam Aloma Mukhtar.

    • Atobatele, a consultant in legal affairs, wrote from Abuja

  • The anti-corruption war in the Judiciary: How far? How well?

    Paper delivered by Mr Femi Falana (SAN) at the presentation of the Law Journal of the Law Students Society, Faculty of Law, University of Ilorin, Kwara State, in honour of Chief Folake Solanke (SAN)

    During the screening of the Chief Justice designate, Hon Justice Aloma Mukhtar by the Senate on July last year, some Senators took her to task on the disturbing rate of corruption in the judiciary. Without any hesitation whatsoever, she was quick to admit that the situation “is very bad and I am saddened by it. I will try as much as possible to ensure that as for the bad eggs that are there, there will be a cleansing by the NJC based on petitions” .

    It is doubtful if the Senate members were convinced that she could muster the courage to rid the Judiciary of corruption. But based on her impressive performance at the screening session coupled with her solid credentials the entirety of the senate members unanimously confirmed her appointment. Having had promises of reforms made by political leaders and judicial officers broken in the past Nigerians took Justice Muktar’s undertaking to reform the judiciary with a pinch of salt.

     

    But since she took over the leadership of the nation’s judiciary she has repositioned the National Judicial Council to take up the urgent task of restoring confidence in the judiciary. Thus, in less 10 months of her tenure the CJN has made it clear to judges and Senior Advocates of Nigeria (SAN) that it is no longer business as usual.

    Disturbed by the loss of confidence in the judiciary by Nigerians, the Chief Justice of Nigeria, Justice Aloma Mukhtar has resolved to take remedial steps to restore the image of the judiciary. The National Judicial Council under her leadership held an emergency meeting on February 21, 2013 to review the pending cases of judicial misconduct against some judges. At the end of its deliberations, the NJC recommended the compulsory retirement of two judges namely, Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court for judicial misconduct.

    According to a statement by the NJC, Justice Thomas Naron, the Chairman of the dissolved Osun State Election Petition Tribunal was found to have regularly communicated with ex-Governor Olagunsoye Oyinlola’s counsel-Otunba Kalejaiye (SAN) through telephone and SMS messages while the election petition filed by Ogbeni Rauf Aregbesola was being tried by the Tribunal.

    With respect to Justice Archibong it was established that he dismissed the 26-count charge against Mr Erastus Akingbola, former Managing Director of the defunct Intercontinental Bank without taking his plea; made caustic and reckless remarks on the competence of four Senior Advocates of Nigeria and refused to release a certified true copy of his ruling to the lawyers; convicted some PDP leaders for contempt when the contempt application was not served on them, gave judgment in a case commenced by original summons without written addresses filed by parties.

    Owing to such litany of errors the NJC concluded that Justice Archibong did not have any grasp of the law and procedure.

    Another judge, Okechukwu Okeke J. of the Federal High Court was given a stern warning three weeks to his retirement from the Bench. Mohammed Talba of the Federal Capital Territory High Court has been placed on 12-month suspension while the Chief Judge of the same court, Justice Lawal Hassan Gumi has opted to resign instead of waiting for the investigation of the allegations of misconduct leveled against him. The Legal Practitioners Privileges Committee headed by the Chief Justice has suspended a Senior Advocate of Nigeria sine die while the NJC has referred another one to the NBA for discipline on account of allegations of profession misconduct.

    To prevent judges from embarking on foreign trips at the expense of their judicial duties no judge can travel out of the country any longer without a written permission of the Chief Justice while judges cannot leave their stations without the authorization of the appropriate heads of courts. The NJC has warned judges to stop compromising themselves by issuing orders or giving judgments that cannot be defended on the basis of the available facts and the applicable law. With the sanctions imposed on erring judges a strong message has been sent to judges and lawyers that it is no longer business as usual. Even the corrupt cabal that took over the award of the rank of Senior Advocates of Nigeria has discovered that the game is up.

    The Chief Justice has asked judges who cannot deliver at least four judgments in a year to be prepared to call it quits with the judiciary as the nation cannot continue to keep indolent judges on the bench. She has directed that courts the sitting of courts should commence at 9 am instead of the usual practice whereby many judges walk in leisurely to court at noon without any justifiable reason. It is hoped that the heads of courts and the Nigerian Bar Association will monitor and drive the reform agenda of the Chief Justice in order to restore the confidence of the Nigerian people in the courts. It is gratifying to note that the National Disciplinary Committee of the Body of Benchers has been reactivated to deal with erring lawyers. Last week, five lawyers were removed from the roll of legal practitioners for having been convicted of sundry acts of professional misconduct. The NBA leadership under deserves commendation for this feat. It is however hoped that the NBA will beam its search light on senior lawyers who have been linked with serial violations of the rules of professional ethics.

    In a country where impunity has become the order of the day the forces of darkness that have profited maximally from the judicial rot are understandably not comfortable with the courage and determination of the Chief Justice to clean out the angean stable in the judiciary. They have therefore decided to resort to subtle blackmail with a view to turning back the hand of the clock. But having lived above board like Ceaser’s wife the Chief Justice should forge ahead with the purge which is going to enhance the image of the judiciary and lead to the restoration of the confidence of Nigerians in the institution. Since the principalities that are behind the destruction of the judiciary are stupendously rich and well connected they are going to continue to fight dirty. In other words, the CJN and the NJC should expect a sustained attack from the forces of retrogression as corruption has a way of fighting back.

    However, the NJC should strive to give adequate time and opportunity to judges accused of misconduct with a view to confronting the allegations made against them. The manner of appointment should be reviewed to prevent lawyers of questionable character or who lack the knowledge of law from finding their way to the bench. The reports and comments of the Nigerian Bar Association on all short listed candidates for the bench should henceforth be given serious consideration because the body is well suited to recommend those among its members that are qualified to be appointed judges. The NJC should refrain from applying illegal laws and policies capable of frustrating the elevation of competent lawyers to the higher bench.

    Happily for the legal profession and the country, concerned judges and progressive lawyers have declared their unalloyed solidarity with the CJN. A few days ago, Justice Akanbi spoke glowingly of the Chief Justice when he said “Corruption, talking frankly, is endemic. It has gone to a level that it has affected the judiciary. There was a time you would never talk anything against the judiciary. I am glad to say this is a great moment when Maryam Aloma Muktar, the Chief Justice of Nigeria, is doing quite a lot in fighting the menace. We should support her in fighting the battle to see that we get a better Nigeria. I know Muktar, she served under me. She is a courageous woman and a core professional with high integrity and commitment to uprightness and justice. She is a person who abhors corruption and is determined to rid the country of corruption. Nigerians should support her in her efforts to sanitize the judiciary and rid Nigeria of corruption.”

    However, a foremost legal practitioner and a former President of the Nigerian Bar Association, Chief Wole Olanipekun (SAN) has called for the setting up of a judicial commission of inquiry to purge the judiciary of alleged corruption. According to the learned Senior Advocate “unless and until a commission of inquiry is set up to look into all these corrupt and bribery allegations against judges and lawyers alike, where names will be named and particulars supplied, where reservations will be expressed openly, where instances will be given etc I doubt if our judiciary will ever be cleansed”. With profound respect, there is no basis whatsoever for the setting up a commission of inquiry which is going to usurp the constitutional functions of the NJC.

    In the case of Chief Gani Fawehinmi v General Ibrahim Babangida it was held by Uwais CJN (as he then was) that “though the Tribunal of Inquiry Act is an ‘exiting law’, its application is limited and has no general application” outside the Federal Capital Territory. The effect of the judgment is that President Jonathan lacks the vires to institute a commission of inquiry to probe judges in the Federal and State public service. In any case, the National Judicial Council is currently dealing with all allegations of corruption and other complaints of misconduct raised against judges while the Nigerian Bar Association has revitalised its own disciplinary machinery to bring erring lawyers to book. In the circumstance, there is no legal or moral justification to opt for the establishment of a judicial commission of inquiry to probe corrupt judges.

    It is pertinent to note that in spite of the on-going efforts to sanitize the judiciary a few judges have continued to issue frivolous and illegal ex parte orders and deliver judgments that are totally devoid of justice. Last month, a Federal High judge in Lagos prohibited the police from arresting, investigating and prosecuting a criminal suspect accused of economic sabotage. The trial judge went as far as quashing the report of the police investigation into the crime. A few days later, a judge of the Abuja judicial division of the Federal High Court issued an ex parte order restraining the EFCC from proceeding with the investigation of the same suspect over his alleged involvement in the fuel importation scam. It is hoped that the NJC will move speedily to put an end to such abuse of judicial powers by a few judges who are in the habit of conferring illegal immunity on some rich criminal suspects.

    Conclusion

    While saluting Chief Justice Aloma Muktar for the on-going cleansing in the judiciary she should ensure that effective measures are put in place to institutionalize the reforms. This is of urgent importance as she is due to retire late next year. The vested interests who have sworn to destroy and discredit the judiciary should not be made to believe that what is unfolding before our eyes is a passing phase. It is therefore pertinent to call on the Nigerian Bar Association to collaborate with the NJC to save the legal profession from perdition.

    In particular, the NJC should mobilise our judges to deliberately extend the frontiers of justice to the majority of Nigerian citizens who have no access to the temple of justice due to poverty, ignorance and fear. If our judges are not prepared to re-event the wheel like their Indian counterparts have done by making socio-economic rights justiciable through judicial activism they should be prepared to discard the reactionary doctrine of locus standi in order to allow public interest litigators to enforce the very many welfare laws that have been enacted by the Parliament but which are not breached with impunity by the government.

    Finally, members of the legal profession who fail to support the reforms and the internal cleansing in the judiciary may be exposing Nigerian judges to the revenge of litigants . Those who think that English judges have always been models of judicial integrity may wish to read David Pannic’s book, Justice, where he writes:

    “Some judges have received more than their just deserts for injudicious behavior. In the thirteen century, Andrew Horn alleged that in one year (four centuries earlier) King Alfred caused forty-four judges to be hanged as homicides for their false judgments. In 1381 a mob pursued the Lord Chancellor, Simon de Sudbury, and cut of f his hand. One year later, Lord Chief Justice Cavendish was killed after being apprehended by a mob and subjected to a mock trial in which he was sentenced to death. In 1688 the infamous judge Jeffreys, by then the Lord Chancellor, went into hiding when James II fled the country. Jeffreys was captures in Wapping when he was recognized in a tavern by a man who had been a dissatisfied litigant in his court. (The man had won his case but Jeffreys had been rude to him and kept him waiting). Jeffreys was put in the Tower of London, where he dies in 1689.”

  • The anti-corruption war in the Judiciary: How far? How well?

    Text of a paper delivered by Mr Femi Falana (SAN) as guest speaker at the presentation of the Law Journal of the Law Students Society, Faculty of Law, University of Ilorin, Kwara State, in honour of Chief Folake Solanke (SAN)

    At that juncture both Messrs Segun Oni and Olagunsoye Oyinlola whose elections as governors of Ekiti and Osun states respectively had been annulled by the Court of Appeal alleged that Justice Salami was in constant telephone conversation with leaders and lawyers of the Action Congress of Nigeria during the hearing of some election petitions. The National Judicial Council also decided to investigate the grave allegations of both politicians. Not convinced that the National Judicial Council would examine the matter in a dispassionate manner the Nigerian Bar Association resolved to set up its own panel of inquiry to investigate the roles of all the dramatis personae including its own members in the Sokoto governorship election petition saga.

    The reports of the NJC and the NBA were mired in controversies. While the CJN was exonerated by the NJC Justice Salami was asked to tender apology for lying on oath even though it was found that the CJN actually asked Justice Salami to change the panel that had concluded the hearing of the appeal. But as far as the NJC was concerned the CJN interfered in the case in the interest of the

    judiciary! On its own part the NBA exonerated Justice Salami, indicted the CJN and some legal practitioners. Upon the retirement of Justice Katsina-Alu CJN the matter was revisited by the NJC which

    turned round to exonerate Justice Salami, lifted his suspension and decided to recall him. However, President Jonathan has refused to allow him to resume duties as the President of the Court of Appeal on the ground that the matter is pending in court. Although the matter has been left for judicial determination by the court the crisis has done incalculable damage to the image of the Nigerian judiciary.

    Indeed, it has been said that the Katsina-Alu/Salami imbroglio is partly responsible for the increasing wave of judicial corruption in the country in the last couple of years. All manners of ex parte orders are issued by the judges while judgments totally devoid of justice are handed down by judges. Men and women of means and influence charged with theft of billions of Naira are either freed or convicted and asked to pay ridiculous low fines. The Nigerian judiciary recently became a butt of jokes before the international community when a former governor who was discharged by the Federal High Court was convicted and sentenced to a 14-year jail term by a judge in the United Kingdom on the same evidence.

    It was therefore not surprising at the swearing-in-ceremony of the Honourable Justice Musdapha, as the Chief Justice of Nigeria on September 27, 2011, when President Goodluck Jonathan expressed concern over the “widespread perception of a growing crisis of integrity in the judiciary”. While charging the newly appointed Chief Justice to address the crisis of confidence in the judiciary the President pointed out that “A partisan judge compromises his or her oath of office and acts unfairly. A corrupt judge disgraces the Bench on which he or she sits and the title that he or she wears”

    In several public statements thereafter, the Honourable Justice Musdapher condemned judicial corruption, delay in the administration of justice, criticized plea bargain and made recommendations for judicial reforms. His Lordship also intervened to stop the manipulation of the Court of Appeal in some election matters. A Federal High Court judge was directed by the Chief Justice to reverse an ex parte order which he had granted restraining Independent National Electoral Commission from conducting the governorship election in Cross River State. The illegal ex parte order was issued on the eve of the said election.

    The Emergence of Justice

    Aloma- Muktar (CJN)

     

    I first met the Honourable Justice Maryam Aloma Muktar as a High Court Judge in Kano in 1984. My client, a trade union had sued a powerful Lebanese company in the Kano State High Court for illegally withholding the check dues deducted from the wages of all the workers in its employment. The company which had boasted that it had the judiciary in its pocket was taken aback when the trial judge, Justice Muktar granted the reliefs sought by the plaintiff and ordered the company to refund and pay to the union the check off dues which it had illegally withheld.

    Since then I have watched the judge from afar and followed her impeccable judicial carrier. In a country where judicial corruption has been virtually institutionalised I make bold to say that Justice Muktar has never been associated with corrupt practices or any form of abuse of office. She is conservative but ready to take a radical stand in defence of the rule of law. She is quiet but aggressive in dealing with cases of corruption.

    Her decision to team up with Adesola Oguntade JSC (as he then was) and Walter Onnoghen JSC in writing powerful dissenting opinions in the controversial case of Mohammadu Buhari v Independent National Electoral Commission convinced the reactionary forces in the legal establishment that she could rock the boat if allowed to become the head of the country’ judiciary. The clean bill of health given to Justice Ayo Isa Salami, the suspended President of the Court of Appeal by a Committee of the National Judicial Council chaired by Justice Muktar was the last straw that broke the carmel’s back. A plot was therefore hatched to prevent her from becoming the Chief Justice of Nigeria.

    It would be recalled that the system had successfully refused to make her the Chief Judge of Kano State in 1987 even though she was the most qualified judge in the state judiciary at the material time. History was to repeat itself in April 2010, when the backward forces perfected the strategy to deny her the opportunity to assume the headship of the Nigerian judiciary. In a dubious move to promote her to irrelevance Justice Muktar was offered the post of the Chief Justice of The Gambia under a special bilateral arrangement between Nigeria and The Gambia.

    But she saw through the plot and rightly declined to take up the offer. Hence, in July 2012, President Goodluck Jonathan nominated Justice Aloma Muktar, as the most Senior Justice of the Supreme Court to succeed the then outgoing Chief Justice, the Honourable Justice Dahiru Musdapher.

    During the screening of the Chief Justice designate, Hon Justice Aloma Mukhtar by the Senate on July last year, some Senators took her to task on the disturbing rate of corruption in the judiciary. Without any hesitation whatsoever, she was quick to admit that the situation “is very bad and I am saddened by it. I will try as much as possible to ensure that as for the bad eggs that are there, there will be a cleansing by the NJC based on petitions” .

    It is doubtful if the Senate members were convinced that she could muster the courage to rid the Judiciary of corruption. But based on her impressive performance at the screening session coupled with her solid credentials the entirety of the senate members unanimously confirmed her appointment. Having had promises of reforms made by political leaders and judicial officers broken in the past Nigerians took Justice Muktar’s undertaking to reform the judiciary with a pinch of salt.

     

    But since she took over the leadership of the nation’s judiciary she has repositioned the National Judicial Council to take up the urgent task of restoring confidence in the judiciary. Thus, in less 10 months of her tenure the CJN has made it clear to judges and Senior Advocates of Nigeria (SAN) that it is no longer business as usual.

    Disturbed by the loss of confidence in the judiciary by Nigerians, the Chief Justice of Nigeria, Justice Aloma Mukhtar has resolved to take remedial steps to restore the image of the judiciary. The National Judicial Council under her leadership held an emergency meeting on February 21, 2013 to review the pending cases of judicial misconduct against some judges. At the end of its deliberations, the NJC recommended the compulsory retirement of two judges namely, Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court for judicial misconduct.

    According to a statement by the NJC, Justice Thomas Naron, the Chairman of the dissolved Osun State Election Petition Tribunal was found to have regularly communicated with ex-Governor Olagunsoye Oyinlola’s counsel-Otunba Kalejaiye (SAN) through telephone and SMS messages while the election petition filed by Ogbeni Rauf Aregbesola was being tried by the Tribunal.

    With respect to Justice Archibong it was established that he dismissed the 26-count charge against Mr Erastus Akingbola, former Managing Director of the defunct Intercontinental Bank without taking his plea; made caustic and reckless remarks on the competence of four Senior Advocates of Nigeria and refused to release a certified true copy of his ruling to the lawyers; convicted some PDP leaders for contempt when the contempt application was not served on them, gave judgment in a case commenced by original summons without written addresses filed by parties.

    Owing to such litany of errors the NJC concluded that Justice Archibong did not have any grasp of the law and procedure.

    Another judge, Okechukwu Okeke J. of the Federal High Court was given a stern warning three weeks to his retirement from the Bench. Mohammed Talba of the Federal Capital Territory High Court has been placed on 12-month suspension while the Chief Judge of the same court, Justice Lawal Hassan Gumi has opted to resign instead of waiting for the investigation of the allegations of misconduct leveled against him. The Legal Practitioners Privileges Committee headed by the Chief Justice has suspended a Senior Advocate of Nigeria sine die while the NJC has referred another one to the NBA for discipline on account of allegations of profession misconduct.

    To prevent judges from embarking on foreign trips at the expense of their judicial duties no judge can travel out of the country any longer without a written permission of the Chief Justice while judges cannot leave their stations without the authorization of the appropriate heads of courts. The NJC has warned judges to stop compromising themselves by issuing orders or giving judgments that cannot be defended on the basis of the available facts and the applicable law. With the sanctions imposed on erring judges a strong message has been sent to judges and lawyers that it is no longer business as usual. Even the corrupt cabal that took over the award of the rank of Senior Advocates of Nigeria has discovered that the game is up.

    The Chief Justice has asked judges who cannot deliver at least four judgments in a year to be prepared to call it quits with the judiciary as the nation cannot continue to keep indolent judges on the bench. She has directed that courts the sitting of courts should commence at 9 am instead of the usual practice whereby many judges walk in leisurely to court at noon without any justifiable reason. It is hoped that the heads of courts and the Nigerian Bar Association will monitor and drive the reform agenda of the Chief Justice in order to restore the confidence of the Nigerian people in the courts. It is gratifying to note that the National Disciplinary Committee of the Body of Benchers has been reactivated to deal with erring lawyers. Last week, five lawyers were removed from the roll of legal practitioners for having been convicted of sundry acts of professional misconduct. The NBA leadership under deserves commendation for this feat. It is however hoped that the NBA will beam its search light on senior lawyers who have been linked with serial violations of the rules of professional ethics.

    In a country where impunity has become the order of the day the forces of darkness that have profited maximally from the judicial rot are understandably not comfortable with the courage and determination of the Chief Justice to clean out the angean stable in the judiciary. They have therefore decided to resort to subtle blackmail with a view to turning back the hand of the clock. But having lived above board like Ceaser’s wife the Chief Justice should forge ahead with the purge which is going to enhance the image of the judiciary and lead to the restoration of the confidence of Nigerians in the institution. Since the principalities that are behind the destruction of the judiciary are stupendously rich and well connected they are going to continue to fight dirty. In other words, the CJN and the NJC should expect a sustained attack from the forces of retrogression as corruption has a way of fighting back.

    However, the NJC should strive to give adequate time and opportunity to judges accused of misconduct with a view to confronting the allegations made against them. The manner of appointment should be reviewed to prevent lawyers of questionable character or who lack the knowledge of law from finding their way to the bench. The reports and comments of the Nigerian Bar Association on all short listed candidates for the bench should henceforth be given serious consideration because the body is well suited to recommend those among its members that are qualified to be appointed judges. The NJC should refrain from applying illegal laws and policies capable of frustrating the elevation of competent lawyers to the higher bench.

    Happily for the legal profession and the country, concerned judges and progressive lawyers have declared their unalloyed solidarity with the CJN. A few days ago, Justice Akanbi spoke glowingly of the Chief Justice when he said “Corruption, talking frankly, is endemic. It has gone to a level that it has affected the judiciary. There was a time you would never talk anything against the judiciary. I am glad to say this is a great moment when Maryam Aloma Muktar, the Chief Justice of Nigeria, is doing quite a lot in fighting the menace. We should support her in fighting the battle to see that we get a better Nigeria. I know Muktar, she served under me. She is a courageous woman and a core professional with high integrity and commitment to uprightness and justice. She is a person who abhors corruption and is determined to rid the country of corruption. Nigerians should support her in her efforts to sanitize the judiciary and rid Nigeria of corruption.”

    However, a foremost legal practitioner and a former President of the Nigerian Bar Association, Chief Wole Olanipekun SAN has called for the setting up of a judicial commission of inquiry to purge the judiciary of alleged corruption. According to the learned Senior Advocate “unless and until a commission of inquiry is set up to look into all these corrupt and bribery allegations against judges and lawyers alike, where names will be named and particulars supplied, where reservations will be expressed openly, where instances will be given etc I doubt if our judiciary will ever be cleansed”. With profound respect, there is no basis whatsoever for the setting up a commission of inquiry which is going to usurp the constitutional functions of the NJC.

    In the case of Chief Gani Fawehinmi v General Ibrahim Babangida it was held by Uwais CJN (as he then was) that “though the Tribunal of Inquiry Act is an ‘exiting law’, its application is limited and has no general application” outside the Federal Capital Territory. The effect of the judgment is that President Jonathan lacks the vires to institute a commission of inquiry to probe judges in the Federal and State public service. In any case, the National Judicial Council is currently dealing with all allegations of corruption and other complaints of misconduct raised against judges while the Nigerian Bar Association has revitalized its own disciplinary machinery to bring erring lawyers to book. In the circumstance, there is no legal or moral justification to opt for the establishment of a judicial commission of inquiry to probe corrupt judges.

    It is pertinent to note that in spite of the on-going efforts to sanitize the judiciary a few judges have continued to issue frivolous and illegal ex parte orders and deliver judgments that are totally devoid of justice. Last month, a Federal High judge in Lagos prohibited the police from arresting, investigating and prosecuting a criminal suspect accused of economic sabotage. The trial judge went as far as quashing the report of the police investigation into the crime. A few days later, a judge of the Abuja judicial division of the Federal High Court issued an ex parte order restraining the EFCC from proceeding with the investigation of the same suspect over his alleged involvement in the fuel importation scam. It is hoped that the NJC will move speedily to put an end to such abuse of judicial powers by a few judges who are in the habit of conferring illegal immunity on some rich criminal suspects.

    Conclusion

    While saluting Chief Justice Aloma Muktar for the on-going cleansing in the judiciary she should ensure that effective measures are put in place to institutionalize the reforms. This is of urgent importance as she is due to retire late next year. The vested interests who have sworn to destroy and discredit the judiciary should not be made to believe that what is unfolding before our eyes is a passing phase. It is therefore pertinent to call on the Nigerian Bar Association to collaborate with the NJC to save the legal profession from perdition.

    In particular, the NJC should mobilize our judges to deliberately extend the frontiers of justice to the majority of Nigerian citizens who have no access to the temple of justice due to poverty, ignorance and fear. If our judges are not prepared to re-event the wheel like their Indian counterparts have done by making socio-economic rights justiciable through judicial activism they should be prepared to discard the reactionary doctrine of locus standi in order to allow public interest litigators to enforce the very many welfare laws that have been enacted by the Parliament but which are not breached with impunity by the government.

    Finally, members of the legal profession who fail to support the reforms and the internal cleansing in the judiciary may be exposing Nigerian judges to the revenge of litigants . Those who think that English judges have always been models of judicial integrity may wish to read David Pannic’s book, Justice, where he writes:

    “Some judges have received more than their just deserts for injudicious behavior. In the thirteen century, Andrew Horn alleged that in one year (four centuries earlier) King Alfred caused forty-four judges to be hanged as homicides for their false judgments. In 1381 a mob pursued the Lord Chancellor, Simon de Sudbury, and cut of f his hand. One year later, Lord Chief Justice Cavendish was killed after being apprehended by a mob and subjected to a mock trial in which he was sentenced to death. In 1688 the infamous judge Jeffreys, by then the Lord Chancellor, went into hiding when James II fled the country. Jeffreys was captures in Wapping when he was recognized in a tavern by a man who had been a dissatisfied litigant in his court. (The man had won his case but Jeffreys had been rude to him and kept him waiting). Jeffreys was put in the Tower of London, where he dies in 1689.”

  • Jonathan: Judiciary should uphold constitution at all times

    President Goodluck Jonathan yesterday urged members of the Judiciary to uphold the Constitution by following its ethical codes.

    He stressed that these are the hallmarks of the branch of government.

    Jonathan spoke in Abakaliki, the Ebonyi State capital, when he inaugurated a Federal High Court complex in the town.

    The President noted that the Judiciary cannot afford to fail in carrying out this important task, especially in this trying period of the nation’s history.

    Represented by Vice President Namadi Sambo, the President said this is the only way members of the Bar and Bench could erase the negative impressions the public have of them.

    He said Nigeria needs its political elite and opinion leaders to channel their intellectual energies into an objective understanding of the Judiciary for national development.

    Jonathan said: “I wish to call on all well-meaning Nigerians, especially the elite and opinion leaders, to galvanise their intellectual energies in the direction of deepening an objective understanding of the workings of the Judiciary in national development.

    “I wish to call on their lordships and other operators in the body of Benches and the Bar to pursue those ethical codes that are the hallmarks of judicial practice. This will, to a large extent, dispel every form of unfavourable perception regarding your line of duty.

    “I am aware that these are indeed the trying times in our national journey, having sworn to uphold the letters and spirit of the constitution. You cannot afford to fail this time when we have sworn to deliver in all spheres, especially on the rule of law and natural justice.

    “Let me also add that the Judiciary is leaving up to the expectation of Nigerians in dispensing justice and it deserves our applause. This does not, however, mean that it should play to the gallery. Rather, it is to serve as a morale booster to earn more praises from Nigerians.”

    Jonathan said his administration would deliver on its electoral promises in the areas of infrastructural development, job and wealth creation, economic stability, transparency, good governance and national security.

    He added: “However, it is imperative for us to say that all hands must be on deck and that as citizens we should all strive towards contributing our quota in whatever level of socio-economic involvement so that together we shall attain our lofty aspirations as a nation.”

     

  • Jonathan, Mukhtar canvass corruption-free judiciary

    Jonathan, Mukhtar canvass corruption-free judiciary

    President Good luck Jonathan and the Chief Justice of Nigeria, Justice Aloma Miriam Mukhtar (CJN) have canvassed a judiciary devoid of corruption.

    They spoke at the Centenary law summit organised by the Nigerian Institute of Advanced Legal Studieas (NIALS) and the Office of Secretary to the Government of the Federation (SGF) in Abuja to mark 100 years of the legal profession in the country.

    In his welcome address at the event tagged: Law and society, 100 years of legal development in Nigeria, Director-General of NIALS, Prof. Epiphany Azinge (SAN), said the summit was organised to commemorate a century of constitutional evolution and legal development in Nigeria.

    The event provides an opportunity to take stock of how well the law had been used as an instrument of social change in the last 100 years, he said.

    “Within the period under review, we have been able to achieve significant milestone through enactment of laws that have helped in moulding our society and giving breath and vitality to our values and morals but more significantly in ensuring that most of our laws truly reflect the consciousness of our people. But we cannot loose sight of the fact that at a time in our national history, particularly during the military era.

    “Laws were also used as instruments of oppression, subjugation and enthronement of anti-majoritarian principles and norms.

    “There are, undoubtedly, still some aspect of our laws that are obsolete, anachronistic and in dire need of reform while in many other areas our laws are well behind the state of the law in other climes and jurisdiction. It is for this reason that this summit is not merely an occasion to engage on a historical discourse and analysis of the growth of our law since amalgamation in 1914,” he said.

    He continued: ‘’It is rather an opportunity for us to make projections into the future and determine how our journey towards economic prosperity and social emancipation can be anchored on constitutional and legislative pragmatism.

    “In this regard, this law summit is not just a bold endorsement of Mr President’s transformation agenda, but a platform to brainstorm, distil and collate ideas on how to use law as a veritable instrument for achieving the Transformation Agenda.

    ‘’This theme of the summit and the sub-themes are carefully put together to help in evolving and institutionalising policies and laws that will serve as catalyst for driving reforms in the polity.

    “It is not merely acknowledgement of our capability but a challenge to us to assist the government in driving the process of shifting the frontiers of law.

    “May I also pay public tribute to our supervising Minister, the Attorney-General of the Federation Mr Mohammed Bello Adoke (SAN) for promoting academic freedom and autonomy by allowing the institute unfettered discretion to run its programmes and activities. The management of the institute salutes him for his visionary leadership and his undiluted support to the institute which more often than not, is beyond the normal call of duty.

    “The institute is also proud to have as its Chairman of Governing Council, the highly respected courageous, no-nonsense Justice Alooma Mariam Mukhtar (CJN).

    “We are happy to have assembled the best and brightest in this country to lead discussions in various sessions of this summit. Our concept is that the summit is to be audience driven, meaning that the panelists will be expected to interact more with the audience than merely engaging in seminal scholarly presentation. This approach will enable the summit to touch on life issues, which naturally will help in building consensus on the way forward.”

    He also said: “Finally, let me warmly welcome Mr. President, Dr. Goodluck Ebele Jonathan, to this Centenary Law Summit. Mr President, it is given to few men in their lifetime to preside over the Golden Jubilee of his country and the Centenary anniversary of the same country. President, you are a child of destiny and destiny beckons on you to use your transformation agenda to lead the Nigerian people to the Promised Land.

    “Let it be said in the next 100 years that this nation witnessed a national rebirth in your time and that you laid the foundation for a strong, united, respected and progressive modern Nigeria, once more I warmly welcome you all to this Centenary Law Summit, he said.

    President Jonathan while declaring open the summit said the government would continue to ensure that human right norms were strictly observed in the ongoing fight against terror in the country.

    He said: “Let me use this opportunity to reiterate the Federal Government’s resolve to ensure that human right norms are duly observed and the freedom and liberty of the people are not unduly abridged in our war against terror.

    “The armed forces and other security personnel dealing with insurgencies and other security challenges in the states where state of emergency had been declared had been given orders to ensure that they discharge their duties with conformity with the rule of engagements.”

    The President further said: “Since law is an instrument for social engineering and political transformation, such should be strictly adhered to by all organs of government.”

    He challenged the managers of the nation’s judiciary to review the country’s laws, “since it remains an institution that holds the key of sustaining the confidence of the people in the Rule of Law.”

    Jonathan further enjoined the judiciary to give credible and well-reasoned judgments to enhance social justice and fairness.

    The President expressed delight over the ongoing efforts by the Chief Justice of Nigeria to sanitise the nation’s judicial system.

    “We welcome the efforts being made by the National Judicial Council under the able and strong leadership of the Chief Justice of this great country, Justice Mukhtar. We believe that you can sanitise the judicial system.”

    Justice Mukhtar noted the giant strides recorded in the nation’s legal profession.

    She reiterated her commitment to ensure zero tolerance to corruption and unethical practices in the judiciary.

    The Attorney-General and Minister of Justice, Mr Bello Adoke,  said  relevant bodies with the legal profession had intensified efforts towards early completion of the on-going legal reforms in the country.

    President Jonathan presented to the public a publication entitled: Nigeria: A Century of Constitutional Evolution 1914-2014.

    The publication was written by the NAILS.

    The three-day summit witnessed various paper presentations which include legislations and transformative governance; rule of law and transformation agenda; power and transformation philosophy of government and State governors as partners in transformation agenda.

    Others were law, good governance and security; police and enforcement of law and order; law and terrorism and international securityand human rights concerns.

     

     

     

     

     

     

     

     

     

     

  • The anti-corruption war in the Judiciary: How far? How well?

    At that juncture both Messrs Segun Oni and Olagunsoye Oyinlola whose elections as governors of Ekiti and Osun states respectively had been annulled by the Court of Appeal alleged that Justice Salami was in constant telephone conversation with leaders and lawyers of the Action Congress of Nigeria during the hearing of some election petitions. The National Judicial Council also decided to investigate the grave allegations of both politicians. Not convinced that the National Judicial Council would examine the matter in a dispassionate manner the Nigerian Bar Association resolved to set up its own panel of inquiry to investigate the roles of all the dramatis personae including its own members in the Sokoto governorship election petition saga.

    The reports of the NJC and the NBA were mired in controversies. While the CJN was exonerated by the NJC Justice Salami was asked to tender apology for lying on oath even though it was found that the CJN actually asked Justice Salami to change the panel that had concluded the hearing of the appeal. But as far as the NJC was concerned the CJN interfered in the case in the interest of the

    judiciary! On its own part the NBA exonerated Justice Salami, indicted the CJN and some legal practitioners. Upon the retirement of Justice Katsina-Alu CJN the matter was revisited by the NJC which

    turned round to exonerate Justice Salami, lifted his suspension and decided to recall him. However, President Jonathan has refused to allow him to resume duties as the President of the Court of Appeal on the ground that the matter is pending in court. Although the matter has been left for judicial determination by the court the crisis has done incalculable damage to the image of the Nigerian judiciary.

    Indeed, it has been said that the Katsina-Alu/Salami imbroglio is partly responsible for the increasing wave of judicial corruption in the country in the last couple of years. All manners of ex parte orders are issued by the judges while judgments totally devoid of justice are handed down by judges. Men and women of means and influence charged with theft of billions of Naira are either freed or convicted and asked to pay ridiculous low fines. The Nigerian judiciary recently became a butt of jokes before the international community when a former governor who was discharged by the Federal High Court was convicted and sentenced to a 14-year jail term by a judge in the United Kingdom on the same evidence.

    It was therefore not surprising at the swearing-in-ceremony of the Honourable Justice Musdapha, as the Chief Justice of Nigeria on September 27, 2011, when President Goodluck Jonathan expressed concern over the “widespread perception of a growing crisis of integrity in the judiciary”. While charging the newly appointed Chief Justice to address the crisis of confidence in the judiciary the President pointed out that “A partisan judge compromises his or her oath of office and acts unfairly. A corrupt judge disgraces the Bench on which he or she sits and the title that he or she wears”

    In several public statements thereafter, the Honourable Justice Musdapher condemned judicial corruption, delay in the administration of justice, criticized plea bargain and made recommendations for judicial reforms. His Lordship also intervened to stop the manipulation of the Court of Appeal in some election matters. A Federal High Court judge was directed by the Chief Justice to reverse an ex parte order which he had granted restraining Independent National Electoral Commission from conducting the governorship election in Cross River State. The illegal ex parte order was issued on the eve of the said election.

    The Emergence of Justice

    Aloma- Muktar (CJN)

     

    I first met the Honourable Justice Maryam Aloma Muktar as a High Court Judge in Kano in 1984. My client, a trade union had sued a powerful Lebanese company in the Kano State High Court for illegally withholding the check dues deducted from the wages of all the workers in its employment. The company which had boasted that it had the judiciary in its pocket was taken aback when the trial judge, Justice Muktar granted the reliefs sought by the plaintiff and ordered the company to refund and pay to the union the check off dues which it had illegally withheld.

     

     

     

     

    Since then I have watched the judge from afar and followed her impeccable judicial carrier. In a country where judicial corruption has been virtually institutionalised I make bold to say that Justice Muktar has never been associated with corrupt practices or any form of abuse of office. She is conservative but ready to take a radical stand in defence of the rule of law. She is quiet but aggressive in dealing with cases of corruption.

    Her decision to team up with Adesola Oguntade JSC (as he then was) and Walter Onnoghen JSC in writing powerful dissenting opinions in the controversial case of Mohammadu Buhari v Independent National Electoral Commission convinced the reactionary forces in the legal establishment that she could rock the boat if allowed to become the head of the country’ judiciary. The clean bill of health given to Justice Ayo Isa Salami, the suspended President of the Court of Appeal by a Committee of the National Judicial Council chaired by Justice Muktar was the last straw that broke the carmel’s back. A plot was therefore hatched to prevent her from becoming the Chief Justice of Nigeria.

    It would be recalled that the system had successfully refused to make her the Chief Judge of Kano State in 1987 even though she was the most qualified judge in the state judiciary at the material time. History was to repeat itself in April 2010, when the backward forces perfected the strategy to deny her the opportunity to assume the headship of the Nigerian judiciary. In a dubious move to promote her to irrelevance Justice Muktar was offered the post of the Chief Justice of The Gambia under a special bilateral arrangement between Nigeria and The Gambia.

    But she saw through the plot and rightly declined to take up the offer. Hence, in July 2012, President Goodluck Jonathan nominated Justice Aloma Muktar, as the most Senior Justice of the Supreme Court to succeed the then outgoing Chief Justice, the Honourable Justice Dahiru Musdapher.

    During the screening of the Chief Justice designate, Hon Justice Aloma Muktar by the Senate on July last year some Senators took her to task on the disturbing rate of corruption in the judiciary. Without any hesitation whatsoever, she was quick to admit that the situation “is very bad and I am saddened by it. I will try as much as possible to ensure that as for the bad eggs that are there, there will be a cleansing by the NJC based on petitions” .

    It is doubtful if the Senate members were convinced that she could muster the courage to rid the Judiciary of corruption. But based on her impressive performance at the screening session coupled with her solid credentials the entirety of the senate members unanimously confirmed her appointment. Having had promises of reforms made by political leaders and judicial officers broken in the past Nigerians took Justice Muktar’s undertaking to reform the judiciary with a pinch of salt. But since she took over the leadership of the nation’s judiciary she has repositioned the National Judicial Council to take up the urgent task of restoring confidence in the judiciary. Thus, in less 10 months of her tenure the CJN has made it clear to judges and Senior Advocates of Nigeria (SAN) that it is no longer business as usual.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Disturbed by the total loss of confidence in the judiciary by Nigerians the current Chief Justice of Nigeria, Justice Aloma Muktar has resolved to take remedial steps to restore the image of the judiciary. The National Judicial Council under her leadership held an emergency meeting on February 21, 2013 to review the pending cases of judicial misconduct against some judges. At the end of its deliberations the NJC recommended the compulsory retirement of two judges namely, Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court for judicial misconduct. According to the statement issued by the NJC, Justice Thomas Naron, the Chairman of the dissolved Osun State Election Petition Tribunal was found to have regularly communicated with ex-Governor Olagunsoye Oyinlola’s counsel-Otunba Kalejaiye SAN through telephone and SMS messages while the election petition filed by Ogbeni Rauf Aregbesola was being tried by the Tribunal.

    With respect to Justice Archibong it was established that he dismissed the 26-count charge against Mr. Erastus Akingbola, former Managing Director of the defunct Intercontinental Bank without taking his plea; made caustic and reckless remarks on the competence of four Senior Advocates of Nigeria and refused to release a certified true copy of his ruling to the lawyers; convicted some PDP leaders for contempt when the contempt application was not served on them, gave judgment in a case commenced by original summons without written addresses filed by parties. Owing to such litany of errors the NJC concluded that Justice Archibong did not have any grasp of the law and procedure.

    Another judge, Okechukwu Okeke J. of the Federal High Court was given a stern warning three weeks to his retirement from the Bench. Mohammed Talba of the Federal Capital Territory High Court has been placed on 12-month suspension while the Chief Judge of the same court, Justice Lawal Hassan Gumi has opted to resign instead of waiting for the investigation of the allegations of misconduct leveled against him. The Legal Practitioners Privileges Committee headed by the Chief Justice has suspended a Senior Advocate of Nigeria sine die while the NJC has referred another one to the NBA for discipline on account of allegations of profession misconduct.

    To prevent judges from embarking on foreign trips at the expense of their judicial duties no judge can travel out of the country any longer without a written permission of the Chief Justice while judges cannot leave their stations without the authorization of the appropriate heads of courts. The NJC has warned judges to stop compromising themselves by issuing orders or giving judgments that cannot be defended on the basis of the available facts and the applicable law. With the sanctions imposed on erring judges a strong message has been sent to judges and lawyers that it is no longer business as usual. Even the corrupt cabal that took over the award of the rank of Senior Advocates of Nigeria has discovered that the game is up.

    The Chief Justice has asked judges who cannot deliver at least four judgments in a year to be prepared to call it quits with the judiciary as the nation cannot continue to keep indolent judges on the bench. She has directed that courts the sitting of courts should commence at 9 am instead of the usual practice whereby many judges walk in leisurely to court at noon without any justifiable reason. It is hoped that the heads of courts and the Nigerian Bar Association will monitor and drive the reform agenda of the Chief Justice in order to restore the confidence of the Nigerian people in the courts. It is gratifying to note that the National Disciplinary Committee of the Body of Benchers has been reactivated to deal with erring lawyers. Last week, five lawyers were removed from the roll of legal practitioners for having been convicted of sundry acts of professional misconduct. The NBA leadership under deserves commendation for this feat. It is however hoped that the NBA will beam its search light on senior lawyers who have been linked with serial violations of the rules of professional ethics.

    In a country where impunity has become the order of the day the forces of darkness that have profited maximally from the judicial rot are understandably not comfortable with the courage and determination of the Chief Justice to clean out the angean stable in the judiciary. They have therefore decided to resort to subtle blackmail with a view to turning back the hand of the clock. But having lived above board like Ceaser’s wife the Chief Justice should forge ahead with the purge which is going to enhance the image of the judiciary and lead to the restoration of the confidence of Nigerians in the institution. Since the principalities that are behind the destruction of the judiciary are stupendously rich and well connected they are going to continue to fight dirty. In other words, the CJN and the NJC should expect a sustained attack from the forces of retrogression as corruption has a way of fighting back.

    However, the NJC should strive to give adequate time and opportunity to judges accused of misconduct with a view to confronting the allegations made against them. The manner of appointment should be reviewed to prevent lawyers of questionable character or who lack the knowledge of law from finding their way to the bench. The reports and comments of the Nigerian Bar Association on all short listed candidates for the bench should henceforth be given serious consideration because the body is well suited to recommend those among its members that are qualified to be appointed judges. The NJC should refrain from applying illegal laws and policies capable of frustrating the elevation of competent lawyers to the higher bench.

    Happily for the legal profession and the country, concerned judges and progressive lawyers have declared their unalloyed solidarity with the CJN. A few days ago, Justice Akanbi spoke glowingly of the Chief Justice when he said “Corruption, talking frankly, is endemic. It has gone to a level that it has affected the judiciary. There was a time you would never talk anything against the judiciary. I am glad to say this is a great moment when Maryam Aloma Muktar, the Chief Justice of Nigeria, is doing quite a lot in fighting the menace. We should support her in fighting the battle to see that we get a better Nigeria. I know Muktar, she served under me. She is a courageous woman and a core professional with high integrity and commitment to uprightness and justice. She is a person who abhors corruption and is determined to rid the country of corruption. Nigerians should support her in her efforts to sanitize the judiciary and rid Nigeria of corruption.”

    However, a foremost legal practitioner and a former President of the Nigerian Bar Association, Chief Wole Olanipekun SAN has called for the setting up of a judicial commission of inquiry to purge the judiciary of alleged corruption. According to the learned Senior Advocate “unless and until a commission of inquiry is set up to look into all these corrupt and bribery allegations against judges and lawyers alike, where names will be named and particulars supplied, where reservations will be expressed openly, where instances will be given etc I doubt if our judiciary will ever be cleansed”. With profound respect, there is no basis whatsoever for the setting up a commission of inquiry which is going to usurp the constitutional functions of the NJC.

    In the case of Chief Gani Fawehinmi v General Ibrahim Babangida it was held by Uwais CJN (as he then was) that “though the Tribunal of Inquiry Act is an ‘exiting law’, its application is limited and has no general application” outside the Federal Capital Territory. The effect of the judgment is that President Jonathan lacks the vires to institute a commission of inquiry to probe judges in the Federal and State public service. In any case, the National Judicial Council is currently dealing with all allegations of corruption and other complaints of misconduct raised against judges while the Nigerian Bar Association has revitalized its own disciplinary machinery to bring erring lawyers to book. In the circumstance, there is no legal or moral justification to opt for the establishment of a judicial commission of inquiry to probe corrupt judges.

    It is pertinent to note that in spite of the on-going efforts to sanitize the judiciary a few judges have continued to issue frivolous and illegal ex parte orders and deliver judgments that are totally devoid of justice. Last month, a Federal High judge in Lagos prohibited the police from arresting, investigating and prosecuting a criminal suspect accused of economic sabotage. The trial judge went as far as quashing the report of the police investigation into the crime. A few days later, a judge of the Abuja judicial division of the Federal High Court issued an ex parte order restraining the EFCC from proceeding with the investigation of the same suspect over his alleged involvement in the fuel importation scam. It is hoped that the NJC will move speedily to put an end to such abuse of judicial powers by a few judges who are in the habit of conferring illegal immunity on some rich criminal suspects.

     

    Conclusion

    While saluting Chief Justice Aloma Muktar for the on-going cleansing in the judiciary she should ensure that effective measures are put in place to institutionalize the reforms. This is of urgent importance as she is due to retire late next year. The vested interests who have sworn to destroy and discredit the judiciary should not be made to believe that what is unfolding before our eyes is a passing phase. It is therefore pertinent to call on the Nigerian Bar Association to collaborate with the NJC to save the legal profession from perdition.

    In particular, the NJC should mobilize our judges to deliberately extend the frontiers of justice to the majority of Nigerian citizens who have no access to the temple of justice due to poverty, ignorance and fear. If our judges are not prepared to re-event the wheel like their Indian counterparts have done by making socio-economic rights justiciable through judicial activism they should be prepared to discard the reactionary doctrine of locus standi in order to allow public interest litigators to enforce the very many welfare laws that have been enacted by the Parliament but which are not breached with impunity by the government.

    Finally, members of the legal profession who fail to support the reforms and the internal cleansing in the judiciary may be exposing Nigerian judges to the revenge of litigants . Those who think that English judges have always been models of judicial integrity may wish to read David Pannic’s book, Justice, where he writes:

    “Some judges have received more than their just deserts for injudicious behavior. In the thirteen century, Andrew Horn alleged that in one year (four centuries earlier) King Alfred caused forty-four judges to be hanged as homicides for their false judgments. In 1381 a mob pursued the Lord Chancellor, Simon de Sudbury, and cut of f his hand. One year later, Lord Chief Justice Cavendish was killed after being apprehended by a mob and subjected to a mock trial in which he was sentenced to death. In 1688 the infamous judge Jeffreys, by then the Lord Chancellor, went into hiding when James II fled the country. Jeffreys was captures in Wapping when he was recognized in a tavern by a man who had been a dissatisfied litigant in his court. (The man had won his case but Jeffreys had been rude to him and kept him waiting). Jeffreys was put in the Tower of London, where he dies in 1689.”

  • Judiciary must uphold constitution – Jonathan

    Judiciary must uphold constitution – Jonathan

    President Goodluck Jonathan on Monday called on the members of the judiciary to strive to uphold the letters and spirit of the constitution which it has sworn to protect by following at all times its ethical codes.

    The President, who made the call in Abakaliki, the Ebonyi State capital, while commissioning the new Federal High Court Complex in the city, said the judiciary cannot afford to fail to carry out this all important task especially in this trying period of the nation’s history.

    Represented by Vice President Namadi Sambo, the president said that is the only way members of the body of benches and the bar can dispel the negative impressions some members of the public have of the judiciary.

    He also stressed that what the country needs at this point in its history is for the political elite and opinion leaders to channel their intellectual energies towards fostering an objective understanding of the judiciary in a national development.

    His words, “I wish to call on all well meaning Nigerians especially the elite and opinion leaders to galvanise their intellectual energies in the direction of deepening an objective understanding of the workings of the judiciary in national development.

    “I wish to call on their lordships and other operators in the body of benches and the bar to pursue those ethical codes that are the hall mark of judicial practice. This will to a large extent dispel every form of unfavourable perception regarding your line of duty.

    “I am aware that it is indeed trying times in our national journey, having sworn to uphold the letters and spirit of the constitution; you cannot afford to fail this time when we have sworn to deliver in all spheres especially on the rule of law and natural justice.

    “Let me also add that the judiciary is leaving up to the expectation of Nigerians in dispensing justice and it deserves our applause. This does not, however, mean that it should play to the gallery, rather it is to serve as a moral booster to earn more praises from Nigerians.”

     

  • PDP crisis: don’t cheapen Judiciary, Soyinka warns

    PDP crisis: don’t cheapen Judiciary, Soyinka warns

    Faction suspends 27 pro-Amaechi lawmakers 

     

    Nobel laureate Prof. Wole Soyinka warned yesterday against the debasement and manipulation of the judiciary to avoid anarchy.

    The dramatist spoke in Port Harcourt, the Rivers State capital where two factions are battling for the soul of the Peoples Democratic Party (PDP).

    Also yesterday, the Chief Felix Obuah-led state executive of the party suspended 27 of the 32 members of the House of Assembly, who are loyal to Governor Rotimi Amaechi. Among those suspended is Speaker Otelemaba Dan Amachree. Their seats were declared vacant.

    But the lawmakers insisted that they had secured a Port Harcourt High Court injuction barring the party from suspending them.

    Soyinka, standing in front of the Governor’s Office in the Government House — Amaechi beside him — also described the choice of Port Harcourt as the World Book Capital 2014 as a great honour for Nigeria, the state and Port Harcourt.

    He said he was glad to be in a position to assist the state government, using the instrumentality of literacy, education and knowledge to counter “the negativists”, “violent negativists as represented in movements like Boko Haram”.

    On the deepening Rivers PDP crisis, the playwright said: “The judiciary right now, while it is trying to reform itself, recognises the fact that there are still some dark areas. It is the effect of the dark areas that seems to be creating a crisis in Rivers State right now.

    “I am just alarmed. I am alarmed that a situation exists at all, where it strikes me. It appears to me that the judiciary is being manipulated. That is the impression which I had and that is an alarm which should be sounded in every corner of the nation.

    “Witch-hunting is a very heavy word. Let me just say this generally, that I hate evidence of pettiness in governance. Pettiness at any level is unbecoming of any democratic situation.”

    Commenting on the grounded state government aircraft, Soyinka said: “I am a citizen of this nation. So, I am affected personally by what is happening at the opposite end of the nation. Those who feel that any kind of transgression of the collective rights of groups will not affect, will not have a kind of ripple effect, which will affect other parts of the nation, must be living in a cloud.

    “I am concerned and I will be quite frank with you. I am very much concerned about the imbroglio in which the state (Rivers) appears to be involved at the moment and my main comment is, for heaven’s sake, whatever happens internally between parties and so on, please do not debase and do not manipulate the judiciary. That is my appeal to governance at all levels.

    “Please, do not manipulate the judiciary, because when you do, you have chaos, you have total anarchy and you reduce the nation to a space of complete breakdown of law and order, of what is known as anomie, which is what this nation had better avoided.”

    The PDP leadership dispute was pending in a court in Port Harcourt when Justice Ishaq Bello of an Abuja High Court assumed jurisdiction in the matter. He handed victory to the faction loyal to the Minister of State for Education, Nyesom Wike.

    Obuah, with whom was party Secretary Walter Ibibia and other members of the executive, also stated that the 48-hour ultimatum given Amaechi would enable him to explain the status of the aircraft.

    He noted that the controversy generated by the real ownership of the aircraft and its operation had brought embarrassment to the party.

    The factional chairman stressed that the party’s decision to suspend the 27-pro Amaechi lawmakers was in view of their refusal to rescind the April 22 suspension of the Chairman of Obio/Akpor Local Government, Prince Timothy Nsirim, his vice and all the seven councillors loyal to Wike, at the end of the 48-hour ultimatum given to them to do so.

    He said: “The party views with grave concern, the unfolding facts surrounding the ownership of the purported aircraft and will not fold its arms and allow monumental fraud to be perpetrated in Rivers State. It is unacceptable and embarrassing to our great party, that public funds are hopelessly mismanaged. As a result, these questions must be answered by the Rivers State government:

    “Where is the aircraft purportedly bought with Rivers State fund and tax payers’ money? Where have the billions of naira taken from the coffers of the Rivers State government gone and for what purpose was it appropriated and where is it diverted?

    “The government of Rivers State, led by Rt. Hon Rotimi Amaechi, owes a public explanation to the entire people of Rivers State and the PDP in particular, as to the true owners of the Bombardier BD 700. They should also explain the identity and the role played by the Bank of Utah of the USA in the purchase of the aircraft and the identity of the owners of the said company to be unveiled.

    “On Monday, April 22, 2013, the party issued a 48-hour ultimatum to the Rivers State House of Assembly to rescind the order on the dissolution of Obio/Akpor council, which was flagrantly disobeyed.

    “The party hereby suspends all 27 members of the House of Assembly that carried out such action while their matter is referred to disciplinary committee for further action.”

    The five lawmakers loyal to Wike, who are not affected by the suspension, are: Michael Chinda (Obio/Akpor II constituency), Kelechi Godspower Nwogu (Omuma), Evans Bipi (Ogu/Bolo), Martins Amaewhule (Obio/Akpor I) and Victor Ihunwo (Port Harcourt III).

    Those suspended are Otelemaba Dan Amachree (Speaker, Asari Toru I), Augustine Paul (Abua/Odua), Ewor Nname (Ahoada East I), Nwuche Ibiso (Ahoada East II), Dr. Chigbo Sam Eligwe (Ahoada West). Onari Brown (Akuku Toru I), Anabaraba Benibo (Akuku-Toru II), Ikuinyi Owaji Ibani (Andoni), Horsfall Godstimes (Asari-Toru II), Aye People Atamah (Bonny).

    Others are: Tonye Harry Ezekiel (Degema), Chidi Lyold (Leader of the House, Emohua), Amadi Victor (Etche 1), Golden Ngozi Ben Chioma (Etche II), Barikor Innocent (Gokana), Wanjoku Chikere Azubike (Ikwerre), Legborsi Nwidadah (Khana 1), Leyii Kwanee (Deputy Speaker, Khana II), Gift Nwokocha (Ogba/Egbema/Ndoni I), Lucky Odili (Ogba/Egbema/Ndoni II), Belema Okpokiri (Okrika), Miller Andrew Anderson (Opobo/Nkoro), Victoria Wobo Nyeche (Port Harcourt 1), Irene Martins Inimgba (Port Harcourt 11) and Felicia Taneh (Tai).

    On April 15, Justice Ishaq Bello of an Abuja High Court confirmed the election of Obuah and members of his executive, which led to the sack of Chief Godspower Ake, a former National Vice Chairman (Southsouth) of the PDP, and members of his executive.

    Ake and members of his executive emerged from the state congress of the PDP at the Alfred Diete-Spiff Civic Centre, Port Harcourt on March 17, 2012.

    Amaechi, addressing his supporters at the main gate of the Government House, Port Harcourt, described the judgment as the desecration of the temple of justice, calling on the Chief Justice of Nigeria, Justice Aloma Maryam Mukhtar, to quickly intervene.

    Wike, who wants to be governor in 2015, is a former Chief of Staff, Government House, Port Harcourt and doubled as the Director-General of the Amaechi Campaign Organisation in 2011. Amaechi and Wike are Ikwerre. The governor felt somebody from another ethnic group should succeed him.