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Tag: Judiciary

  • Kogi: Executive, Judiciary at loggerheads

    Correspondent JAMES AZANIA examines the frosty relationship between the executive and the judiciary in Kogi State, which has culminated into the plot to remove Chief Justice Nasir Ajanah from office.

    Crisis is brewing between Kogi State Governor Yahaya Bello and the Chief Judge, Nasir Ajanah.

    The feud culminated in last week’s court injunction restraining the two arms of government from interfering in the activities of the judiciary, particularly Justice Ajanah and  the Chief Registrar, Yahaya Adamu.

    The Koton-Karfe Division of the High Court of Kogi State restrained the Yahaya Bello-led administration and the House of Assembly from taking steps that will interfere in judicial duties.

    The order, which was obtained by the Chief Judge and the Chief Registrar came in the wake of the purported plan by the Assembly to investigate the judiciary, following a petition to  the Secretary to the Government (SSG), Mrs Folashade Arike Ayoade, against the judiciary.

    Ayoade had requested from the chief judge the payroll of judicial workers as part of the recent ‘table payment’ by the government, in an ef effort to ascertain the workforce and prevent leakages.

    Ayoade is standing trial in High Court 1, presided over by the CJ, on charges proffered against her by the Independent Corrupt Practices Commission (ICPC).

    The ex-parte application filed by Yemi Muhammed, counsel to the applicants, prayed the court to restrain the defendants from threatening or interfering in the judicial activities, pending the determination of the substantive suit.

    The defendants include the House of Assembly; the Speaker Mathew Kolawole; the Chairman of the Ad hoc Committee, Hassan Abdullahi; the governor and the Attorney-General.

    The ad hoc committee was set up to look into an alleged “impasse between the judiciary and the executive arms of government with a view to providing guidance and way forward.”

    It was gathered however, that the House of Assembly allegedly harboured a plan to ask the CJ to step aside while their work is ongoing.

    In his ruling, Justice Alaba Ajileye said: “I grant the application as prayed.”

    Governor Bello and CJ Ajanah, are from Ebira (Kogi Central). To observers, the right was anticipated.

    The reluctance of the CJ to pander to entreaties that Senator Dino Melaye (Kogi West) be remanded at the Federal Prisons Koton-Karfe, at the height of his arraignment in Lokoja, by the police, on alleged gun running and sundry other charges may have been the genesis. But, others insist that the crack predate the Melaye episode.

    The Special Adviser on Media and Publicity to the Governor, Kingsley Fanwo, however debunked insinuations of rift between his principal and the CJ.

    Fanwo said: “There is no face off between the Governor and the Chief Judge of the state.

    The disagreement between the ‘Pay Parade Committee’ and the judiciary should not be misconstrued as a personality clash between the governor and the judiciary.

    “Governor Yahaya Bello has a deep respect for the judiciary and will continue to hold that sacred arm of government in high esteem.

    The Kogi State House of Assembly has invited the executive and the judiciary to dialogue on the impasse with judiciary staff. We have presented our case and we hope they too will take advantage of the peace window to address the issue. The pay parade system has helped us discover more ghost workers. Even the parliamentary staff presented themselves for the process and their data have been captured and they have been paid.

    “Judiciary staff should tow the same line to save the state from people who are receiving salaries without any contributions to the state.”

    Fanwo added: “The SSG did not make recommendation for the removal of the CJ.”

    Some of the reasons for the animosity may be subject of conjecture. But, the declaration of indefinite strike by the state chapter of the Judiciary Staff Union of Nigeria (JUSUN), against the backdrop of alleged accumulated salary arrears of about six months or the purported non release of judiciary payroll, on request by the office of the SSG may have been worsened the relationship.

    The state has been in the news in recent times over agitations by judiciary workers for payment of salaries and other emoluments by the government.

    Events took a different dimension when the government proposed a pay parade for civil servants in the state, which JUSUN declared unacceptable.

    The union insisted on financial autonomy of the judiciary, with the leadership of the union battling the state government on compliance with a 2014 Federal High Court judgment that mandated each state to respect Section 121(3) of the Constitution, stipulating financial independence of state judiciaries.

    According to Comrade Emmanuel Waniko, the chairman of JUSUN: “Members can no longer continue to bear the hardship as their families, particularly children, were being driven from schools for non payment of school fees, even as they are also contending with the problems of feeding and accommodation.”

    The union said it was wrong of the SSG to have petitioned the house of assembly over the matter relating to the non-payment of salary.

    According to Waniko, the SSG ought to have known that her action violated the principle of separation of power among arms of government.

    He described the petition by the SSG against the CJ (Nasir Ajanah) and the Chief Registrar (Yahaya Adamu), as diversionary.

    The chairman explained that the  crisis was as a result of the non-payment of the workers’ salary for five months due to the failure of the executive to release the subvention of the judiciary.

    The union reiterated its rejection of the table payment arrangement.

    The statement reads: “The attention of the leadership of JUSUN in Kogi State has been drawn to the petition by the Secretary to the Governmentvt of Kogi State, Mrs Folashade Ayoade, to the Kogi State House of Assembly upon which the later set up an ad hoc committee to investigate the Chief Judge and our Chief Registrar.

    “It must first be mentioned that this is an attempt by the executive arm of the state to draw the legislative arm into an industrial matter with a suspected ulterior motive to denigrate the temple of justice.

    “Secondly, we expect the SSG to be knowledgeable enough to know the principle of separation of powers between the three arms of government.  On the matter of pay parade or table payment, we wish to reiterate again that JUSUN would not fold its arms when an obvious attempt is being made to usurp the powers of the Judicial Service Commission (JSC) through any disguise.

    “It is interesting to note that this development is coming up when parliamentary workers all over the country, including those of Kogi State, are celebrating President Muhammadu Buhari’s recent accent to the financial autonomy of the judiciary and the legislature.

  • Year of new frontiers in judiciary

    2018 was a busy year for the judiciary. Some activities and events stand out. These are the introduction of new rules, sacking of judges, the arraignment of Nigerian Bar Association (NBA) President Paul Usoro (SAN) for alleged fraud, and derobing of some senior lawyers, among others. ADEBISI ONANUGA, JOSEPH JIBUEZE, ROBERT EGBE and ERIC IKHILAE review the events, issues and cases that shaped the year.

    NBA President Usoro arraigned

    Perhaps the biggest case of 2018 was the arraignment of the President of the Nigerian Bar Association (NBA), Mr Paul Usoro (SAN), at a Federal High Court in Lagos, for  alleged N1.4 billion fraud.

    Usoro was brought to court by the Economic and Financial Crimes Commission (EFCC) on December 18, before Justice Muslim Sule Hassan on a 10-count charge of money laundering. He pleaded not guilty.

    Others charged with him were: Akwa Ibom State Commissioner for Finance Nsikan Nkan; Accountant-General Mfon Udomah; Attorney-General Uwemedimo Nwoko and Margaret Ukpe, who was said to be at large.

    Also named in the charge was Governor Emmanuel Udom, who the EFCC said was “currently constitutionally immune from prosecution.”

    Kanu vows not to return to court

    The leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, vowed not to return to the Federal High Court in Abuja, where he was standing trial before he left the country.

    The Federal Government charged him with treason, but Justice Binta Nyako granted him bail after 18 months in detention.

    In a broadcast via Radio Biafra, Kanu boasted that the Nigerian court lacked the capacity to try him. He said the judge, who asked his sureties to produce him, should have asked the army why they invaded his residence.

    “The Nigerian court is a Kangaroo court. I did not jump bail; I left because the court failed to protect me. I shall not be honouring the court. I cannot be tried by a court I do not recognise. The zoo called Nigeria cannot jail me. I will fight till the last day. Till now, Binta Nyanko’s court has yet to hold a hearing about the circumstances that led the Nigerian Army to come to my house to kill 28 people. Only upon a clear pronouncement of the intentions of that very court, which I suggest to them should be free, will this very case move forward.

    “Going forward, there must be guarantee from the international community so that this case can proceed and I will prove once and for all that there is something fundamentally wrong with the brains of those that rule Nigeria.”

    Kanu is standing trial at the Federal High Court in Abuja on five counts of treasonable felony, among other charges.

    He has not been seen since September 22, last year after soldiers allegedly invaded his home in Abia State during an operation staged by the Nigerian Army to quell the secessionist activities of IPOB in the Southeast zone.

    Amosu’s trial starts afresh

    After two years of trial, the Economic and Financial Crimes Commission (EFCC) on November 13 re-arraigned a former Chief of Air Staff (COAS), Air Marshall Adesola Amosu (rtd.), for an alleged N21.4 billion fraud.

    The commission brought Amosu, alongside Air Vice Marshall Jacob Adigun and Air Commodore Olugbenga Gbadebo, before Justice C.J. Aneke of the Federal High Court in Lagos on a 13-count charge.

    The defendants were first arraigned in June 2016 alongside eight firms before Justice Mohammed Idris, who has now been elevated to the Court of Appeal. The trial is ongoing.

    Inauguration of Small Claims Court

    As part of promises made in her inaugural address in October last year, the Chief Judge of Lagos State, Justice Opeyemi Oke on April 23, inaugurated the Small Claims Court for efficient justice delivery of small claims. The court, another first in the annals of the nation’s judiciary, was part of efforts  to  fast-track justice delivery in commercial disputes involving small claims.

    Justice Oke said the Small Claims Courts would operate at the magistrate level and adjudicate on claims not exceeding N5 million and designated  15 magistrate courts  within the five judicial divisions in the state as Small Claims Court.

    Nwobike goes to jail

    An Ikeja High Court on  on April 30, sentenced a Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, to 30 days imprisonment over attempt to pervert justice.

    Justice Raliat Adebiyi convicted Nwobike of 12 out of an 18-count charge preferred against him by the EFCC.

    The EFCC on March 9, 2016 arraigned Mr. Nwobike before Justice Adebiyi on a five-count charge of allegedly offering gratification and attempting to pervert  the  course of justice.

    The lawyer faced criminal prosecution for allegedly bribing Justice Mohammed Yunusa of the Federal High Court judge to refrain from exercising the duties of his office.

    The Legal Practitioners Privileges Committee (LPPC) in June also withdrew the  Senior Advocate of Nigeria (SAN) title and all the privileges attached to it from Nwobike. This followed his 30 days imprisonment for perverting justice by an Ikeja High Court. The Supreme Court Chief Registrar and Secretary of the committee, Hadizatu Mustapha, disclosed this in a statement.

    Mustapha explained that the committee temporarily revoked the title following Nwobike’s conviction.

    Dasuki

    The three cases against a former National Security Adviser (NSA), Mohammed  Sambo  Dasuki  before the Federal High Court, Abuja and the High Court of the FCT suffered a temporary setback following his refusal to appear in court unless the prosecution complied with court orders granting him bail.

    Nevertheless, the court proceeded with the trial notwithstanding his absence.

    Dasuki is being tried before Justice Ahmed Mohammed of the Federal High Court for money laundering and illegal possession of firearms.  Trial resumes in the case on October 3.

    He is being tried with some others in two charges pending before Justice Hussein Baba Yusuf of the High Court of the Federal Capital Territory (FCT), in Maitama, Abuja. In both charges, the defendants are accused of diverting public funds.

    Metuh

    The trial of former spokesman of the People’s Democratic Party (PDP), Olisa Metuh, continued before Justice Okon Abang of the Federal High Court, Abuja.

    Metuh is facing trial for allegedly diverting N400 million from the office of the former National Security Adviser, Sambo Dasuki.

    He is also being tried in a separate court for alleged destruction of his statement at the office of the EFCC.

    Melaye

    Kogi West senator, Dino Melaye, is in the midst of legal battles as he was accused of providing false information to the police and supplying arms to suspected criminals.

    In Abuja, he was accused of attempted suicide and damaging government property, after he allegedly jumped out of a moving police vehicle. He was later hospitalised.

    A High Court of the Federal Capital Territory (FCT) has adjourned his trial indefinitely on the basis of his medical condition.

    Suswam

    Former Benue State Governor Gabriel Suswam was involved in three cases at the Federal High Court Abuja. The latest was a three-count charge of money laundering and illegal possession of firearms on which he was arraigned on July  6 before Justice Babatunde Quadri.

    Suswam was accused of illegally concealing weapons in his Mercedes Benz 550 4Matic car with Registration No: BWR 135 AH parked at Dunes Investment and Properties Limited, No. 44 Aguiyi lronsi Way, Maitama, Abuja,

    In the first of the other two cases, Suswam was charged alongside a former Commissioner of Finance in Benue State, Omadachi Oklobia.

    They were accused of diverting proceeds of the sale of Benue State’s investment in  some firms.

    Suswam, Oklobia and Mrs. Janet Anuga, in the second charge, marked: FHC/ABJ/CR/48/2017, were accused of diverting funds meant for SURE P projects in the state.

    NJC fires Justices  Ofili-Ajumogobia, Agbadu Fishim

    In October, the National Judicial Council (NJC), the nation’s highest judicial regulatory body, sacked two judges. They are: Justices Rita Ofili-Ajumogobia and Justice James Agbadu-Fishim.

    It also indicted a lawyer for official misconduct.

    The recommendation for the sack of Justice Ofili-Ajumogobia of the Federal High Court and Justice Agbadu-Fishim of the National Industrial Court of Nigeria was made at the end of the 87th meeting of the NJC, which was held on October 3, 2018.

    Both judges were suspended from the Bench, pursuant to the findings on the allegations of misconduct contained in a petition to the council by the Acting Executive Chairman of the EFCC, Ibrahim Magu.

    The NJC in the statement signed by its Director of Information, Soji Oye, also stated that contrary to the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, Ajumogobia is a Director/Chief Executive Officer and sole signatory to Nigel and Colive Company.

    It also claimed that “several personalities, individuals, government officials and business partners lodged funds into various accounts belonging to the  judge”.

    The judicial body also claimed that there “was an ex-parte communication between the Judge and Mr. Godwin Obla (SAN) during the pendency of his matter before His Lordship.”

    Ofili-Ajumogobia is standing trial alongside Obla (SAN) on a  31-count charge  bordering on an alleged perversion of the course of justice, unlawful enrichment and forgery proffered by the EFCC before Justice Hakeem Oshodi.

    The anti-graft agency had alleged that Ofili-Ajumogobia illegally received a sum of $793,800 in several tranches from different sources between 2012 and 2015.

    On his part, Obla (SAN) was alleged to have offered  N5million as gratification to Ofili-Ajumogobia to pervert the course of justice.

    Similarly, the NJC stated that Justice Agbadu-Fishim  was recommended for dismissal sequel to the findings of the council on the allegations contained in another petition by the Acting Chairman of the EFCC, alleging that the judge received various sums of money from litigants and lawyers that had cases before him, and some influential Nigerians under false pretence that he was bereaved or that there was delay in the payment of his salary.

    This, the NJC said, is contrary to the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    Court clears Justice Agbadu-Fishim

    An Ikeja High Court on May 24 struck out the corruption charge filed against a judge of the National Industrial Court, Justice James Agbadu-Fishim.

    Justice Raliatu Adebiyi struck out the suit after maintaining that the EFCC, lacked the power to try a sitting judge.

    Justice Adebiyi, in her ruling, maintained that Agbadu-Fishim was neither investigated nor dismissed by the NJC before being prosecuted by the anti-graft agency.

    Fred Ajudua

    The year also saw the EFCC arraigning Lagos socialite, Fred Ajudua, before an Ikeja High Court for allegedly defrauding a former Chief of Army Staff, Lt. General Ishaya Bamaiyi.

    The EFCC is prosecuting Ajudua on a 14-count charge of obtaining $8.4 million from  Gen. Bamaiyi, under false pretences.

    The defendant allegedly collected the money from  Bamaiyi while they were in custody at Kirikiri Prison, Lagos.

    Mr. Ajudua, 52, pleaded not guilty to all the counts.

    Lagos Judiciary staff take oath of secrecy

    On January 2, the Chief Judge of Lagos State, Justice Opeyemi Oke ordered members of staff of the judiciary to swear to oath of secrecy and allegiance

    The move was part of efforts geared towards fighting corruption and ensuring efficient, effective, and transparent service delivery within the judiciary in the state.

    The exercise was also to ensure that all members of staff are held accountable for whatever action they take in the pursuit of their official duties.

    Arraignment of Justice Yunusa Nasir

    On January 17, 2018, the EFCC arraigned a Federal High Court Judge, Justice Yunusa Nasir before an Ikeja High Court for alleged perversion of  justice.

    Justice Nasir was arraigned alongside a staff of Rickey Tarfa Chamber, Esther Agbor, before Justice Sherifat Solebo.

    While Justice Yunusa Nasir is facing a five-count charge of receiving gratification and perversion of justice, Agbor is facing a one-count charge of offering gratification.

    EFCC prosecutor Anslem Ozioko alleged that Nasir, while serving as a judicial officer, attempted to pervert  justice by constantly engaging in private and confidential text messages conversation with Rickey Tarfa,  (SAN) in a matter before him.

    He said  Agbor, in the course of her employment in Rickey Tarfa Chamber,  gave gratification of N1,500,000  to the judge to induce him to give favourable decision to the chamber in the matter before him.

    They pleaded not guilty to the charge.

    Ozekhome and the mob at Fawehinmi lecture

    On January 15, a mob stopped Chief Mike Ozekhome (SAN) from mounting the podium to speak at the 14th Gani Fawehinmi Annual Lecture.

    The incident happened at the Lagos Airport Hotel, Ikeja, venue of the lecture organised by the Nigerian Bar Association (NBA), Ikeja Branch. It had as its theme: “Federalism, Restructuring and Good Governance: Striking a Balance”.

    Chief Ozekhome, who arrived at the venue at about 1:10pm was stopped from entering the hall by the protesters, comprising  some youth and students. They milled round the senior lawyer, singing defamatory songs as they stopped him from entering the hall.

    The protesters accused Ozekhome of defending personalities like former Governor Ayodele Fayose of Ekiti State, former First Lady Patience Jonathan, Senate President, Bukola Saraki among others, who they labelled as corrupt, contrary to the ideals, which the late Chief Gani Fawehinmi stood for.

    To them, the presence of the learned Silk was derogatory to Fawehinmi’s memory. Ozekhome later described the protesters as misguided. He said he was following the firststeps of Fawehinmi who stood for justice on hs lifetime.

    Lagos gets electronic real estate system

    On January 30, the Lagos State government announced the development of an electronic real estate litigation system to reduce litigation in properties and ease the process of doing business in the sector.

    Speaking at its public presentation at the Alausa Secretariat, Attorney-General and Commissioner for Justice Adeniji Kazeem (SAN) said the electronic system was designed to provide easy access to information to anyone who intends to deal in real estate with information primarily on whether the property is subject of litigation in a court.

    The Attorney-General said the system “will offer end-users the platform for “filing a ’Lis-Pendens’ entry, which may be uploaded on the ‘Lis-Pendes online system, thus giving actual and constructive notice to the public and innocent purchasers”.

    Special courts for corruption, sexual offence

    On February 1, 2018 Governor Akinwummi Ambode of Lagos State inaugurated the first special courts in the country for corruption, economic crimes and sexual offences with a charge judges to dispense justice fairly and speedily.

    The event held at the Rosaline Omotoso High Court Complex, Ikeja.

    Ambode, who was represented by his deputy, Dr Idiat Adebule, said the creation of the special courts would assist in expeditious prosecution of economic and financial crimes and ensure that justice is attained by bringing offenders to justice without delay.

    Inuagurationof COTRIMCO

    The Chief Justice of Nigeria (CJN) Justice Walter Onnoghen inaugurated six committees to attain the success and sustainance of all his policy initiatives and reforms so far implemented in the judicial system. One of such committees was the Corruption and Financial Crimes Cases Trial MonitoringCommittee (COTRIMCO), which was inaugurated under the chairmanship of Justice Suleiman Galadima CFR, JSC (rtd), to serve as check on the excesses of some bad eggs among the judges.

    He said:“I am confident that in due course of time; our efforts to rid the Judiciary of questionable persons shall yield results. We all owe a duty to join hands together not merely to disgrace these misfits out of this exalted office, but also to ensure their prosecution and conviction.”

    MTN, CBN’s $8.1bn reparation dispute

    A Federal High Court in Lagos, on December 12 granted MTN Nigeria Communications Ltd, and the Central Bank of Nigeria (CBN) till January 22, for a report of settlement talks in their $8.1bn reparation dispute.

    Justice Saliu Saidu adjourned till January 22, after parties prayed for more time to forge a deal.

    MTN filed the suit, seeking, among others, an injunction to restrain the CBN and AGF from taking further actions to reclaim the alleged debts.

    On its part, the CBN alleged that the telecoms firm improperly repatriated dividends, and requested that MTN should return $8.1bn to its coffers.

    Meanwhile, MTN filed a sister case before another judge of same court, Justice Chukwujekwu Aneke, against the AGF, challenging a withholding tax assessment of 1.3 billion dollars and an import duty tax of N242 billion.

    Fed Govt’s $69m suit against Chevron, Total

    The Federal Government main-tained its suit against some International Oil Companies (IOCs) to recover lost revenues arising from undeclared and under-declared crude oil shipments from Nigeria to different parts of the world.

    One of the suits was the one seeking $69 million from Chevron Nigeria Ltd and Chevron Petroleum Nigeria Ltd.

    A Federal High Court in Lagos on December 4 adjourned the suit till February 13, 2019,

    The Federal Government also sued Total E&P Nig. Plc, alleging that the oil company under-declared the volume of crude oil it shipped out of the country between January 2011 and December 2014. The case against Total is also adjourned till February 13.

    The Federal Government accused the oil company of short-changing it to the tune of $245 million, by allegedly shipping several barrels of crude oil out of Nigeria, without making due remittance to the government.

    The government also filed similar suits against Agip Oil Company Ltd, Shell Western Supply & Trading Ltd, Agip, among others.

    Saraki’s aide in N3.5bn Paris Club loan  scandal

    A Federal High Court in Lagos will on January 10 resume the trial of Mr. Gbenga Makanjuola, a Deputy Chief of  Staff to the Senate President, Bukonla Saraki, for an alleged N3.5billion Paris Club Loan scam.

    Makanjuola is standing trial alongside three others: Mr. Obiora Amobi; Kolawole Shittu, a cashier in the Senate President’s office, and a company said to have been used as conduit pipe in the alleged scam, Melrose General Services Limited.

    The EFCC said the defendants committed the offence in December 2016.

    Kalu

    The Appeal Court, Lagos Division, has fixed February 7, 2019, to hear an appeal by a former Abia State Governor, Dr. Orji Kalu, challenging the dismissal of his “no case” submission to a N7.65bn fraud charge.

    Kalu’s submission was dismissed by Justice Buba Ibrahim of a Federal High Court in Lagos last July 31, in a charge preferred against him and two others by the Economic and Financial Crimes Commission (EFCC).

    Former Governor of Abia State Orji Kalu alongside his former Commissioner for Finance and Account, Jones Udeogu, and a company, Slok Nigeria Limited, are being prosecuted by the EFCC on an amended 39-count charge bordering on money laundering of N3.2 billion.

    Peter Nielsen

    Peter Nielsen, 53, is standing trial at a Lagos High Court on a two-count charge of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.

    Nielsen, a Danish national, is accused of killing his wife, Zainab, and their three-and-a-half-year-old daughter, Petra.

    Lagos Attorney-General (A-G) and Commissioner for Justice, Kazeem Adeniji (SAN), said Nielsen  committed the alleged offences on April 5 at the couple’s Banana Island, Lagos home.

    He said the defendant murdered both Zainab and Petra at about 3:45am at No. 4, Flat 17, Bella Vista Tower, Banana Island Ikoyi.

    According to Kazeem, the offences contravened Section 223 of the Criminal Law of Lagos State, 2015.

    Nielsen, who has been on remand in prison custody since April 11, pleaded not guilty.

    Rickey Tarfa

    Rickey Tarfa (SAN) is facing two separate cases of corruption and pervertion of justice before Justice Adedayo Akintoye of an Igbosere High Court and Justice Aishat Opesanwo of the Ikeja High Court both in Lagos.

    The EFCC arraigned Tarfa at Igbosere on March 10, 2016 on a 27-count charge, which was subsequently amended to 26 counts.

    He was accused of offering monetary gratification to two judges of the Federal High Court – Justices Hyeladzira Nganjiwa and Mohammed Yunusa – to allegedly pervert the course of justice.

    The EFCC claimed that between June 27, 2012 and January 8, 2016, Tarfa paid a total of N5.3m in several tranches into Justice Nganjiwa’s account.

    He was also accused of paying into Justice Yunusa’s account, a total of N800,000 in three tranches between February 9 and November 30, 2015.

    The SAN was equally accused of age falsification. Tarfa pleaded not guilty to the charges.

    The anti-graft agency also arraigned Tarfa at Ikeja on a three-count charge of obstruction of justice and perverting the course of justice.

    Senator Nwaoboshi

    The EFCC arraigned Senator Peter Nwaoboshi, Golden Touch Construction Projects Limited and Suiming Electricals for alleged N322 million fraud on April 25

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House, Marine Road, Apapa, Lagos for N805 million between May and June 2014.

    The anti-graft agency claimed that N322 million of the N805m was part of proceeds of “an unlawful act, to wit: fraud.”

    The defendants pleaded not guilty.

    Evans

    Suspected billionaire kidnap kingpin, Chukwudumeme Onwua-madike, alias Evans, was arrested on June 10, 2017 in his Magodo, Lagos mansion.

    He is standing trial on five criminal charges before three Lagos High Court judges: Justice Hakeem Oshodi, Justice Oluwatoyin Taiwo and Justice Adedayo Akintoye.

    In the case before Justice Hakeem Oshodi, Evans, Uche Amadi, Ogechi Uchechukwu, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Aduba are facing two-count of conspiracy and kidnapping of Mr Donatus Duru, the CEO of Maydon Pharmaceuticals.

    They are also being tried for the attempted kidnap of Chief Vincent Obianodo, the CEO of the Young Shall Grow Motors, before Justice Oluwatoyin Taiwo.

    They were also accused of kidnapping Mr. Sylvanus Ahamonu, holding him hostage for at least nine weeks and collecting a ransom of 420,000 dollars from his family.

    Arraignment of Tunde Ayeni, Timothy Oguntayo

     On December 17, former Chairman and Managing Director of Skye Bank Plc (now Polaris Bank) – Tunde Ayeni and Timothy Oguntayo – were arraigned for alleged money laundering offences involving about N4.75billion and $5million.

    Ayeni and Oguntayo were arraigned before Justice Nnamdi Dimgba of the Federal High Court, Abuja on an eight-count charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    Belgore

    Dele Belgore (SAN) is standing trial at the Federal High Court in Lagos on a N450million money laundering charge.

    The EFCC arraigned Belgore alongside a former Minister of National Planning, Prof. Abubakar Suleiman, before Justice Mohammed Aikawa, on five counts bordering on money laundering.

    A former Minister of Petroleum Resources, Diezani Allison-Madueke, was also named in the charge, but is said to be “at large.”

    The EFCC alleged that the defendants conspired to “directly take possession of the N450million, which they reasonably ought to have known formed part of the proceeds of an unlawful act”.

    They, however, pleaded not guilty to the charges.

    Dariye jailed

    On June 12 a High Court of the Federal Capital Territory (FCT) in Gudu, Abuja convicted former Governor of Plateau State, Joshua Dariye on offences criminal breach of trust and criminal misappropriation and sentenced him to a maximum term of 14 years.

    The Court of Appeal on November 16 upheld his conviction, but reduced the sentence to a maximum of 10 years. He has now appealed to the Supreme Court.

  • ‘Judiciary will determine fate of suspected killer-pupil’

    The fate of a pupil of Ado Grammar School, Ado-Ekiti, in Ekiti State, who allegedly stabbed his colleague to death during a juju contest last Thurday, will be determined by the judiciary, the police have said.

    The suspect, Timilehin Kehinde, allegedly stabbed the victim, Favour Matthew, to death while testing a charm that can prevent penetration of knife, after school hours.

    The victim was confirmed dead at the Ekiti State University Teaching Hospital (EKSUTH) where he was taken to.

    Timilehin, 16, is being detained at the Criminal Investigation

    Department (SCID), Police Headquarters, Ado-Ekiti.

    Police spokesman Caleb Ikechukwu said the fate of Timilehin would be determined by the judiciary after the police might have concluded investigation.

    Ikechukwu, a Deputy Superintendent of Police (DSP), said yesterday that the Director of Public Prosecution (DPP) would determine whether the suspect would be prosecuted or taken to the Juvenile Correction Centre for detention.

    He said: “I want to say that the suspect’s fate will be determined by DPP, because being a minor, a lot of things will have to be taken into consideration.

    “But as for us in the police, we are investigating the matter to establish whether it was a case of murder or manslaughter.

    “We are investigating the elements of the case, because by law, if you are less than 18, there must be special consideration for any offence committed.

    “But we also have a Juvenile Correction Centre. So the DPP will study the outcome of our investigation and come up with the best alternative that will be in line with the law.”

    The Nation gathered that the first term of the 2018/19 academic year will end on December 17 and the pupils had already finished examinations before the incident occurred.

    It was revealed that the government would not punish any teacher over the killing, since it happened after the school had closed.

    A source said: “The school is to be shut, but the teachers will be working, because the victim’s family threatened that 30 pupils would be killed in a reprisal.

    “It is not in any way safe for us to ask pupils to return to school now. They had finished their examinations before the incident happened

    “Even if they resume on Monday (today), we shall ask them to go back in the interest of security,” he said.

  • Reps summon minister for ‘starving National Assembly, judiciary of funds’

    MINISTER of Finance Zainab Ahmed is to appear before the House of Representatives Finance Committee to explain the reasons behind the non-release of 2018 budgetary allocations to the National Assembly and the judiciary.

    The lawmakers, though conceded that the National Assembly workers deserved a good working condition and have a right to protest poor treatment, they, however, took exception to be prevented from carrying out their legislative duties by protesting parliamentary workers on Tuesday.

    The invitation to the minister followed the adoption of a motion by Edward Pwajok (APC, Plateau), who expressed concern that despite being on first line charge, budget releases to the Judiciary and the legislature have been dismal, thereby creating challenges for the management to pay their workers.

    House spokesman  Abdulrazak Namdas (APC, Adamawa) said the workers’ action, which prevented the lawmakers from holding a session, was unlawful according the Legislative Houses and Privileges Act.

    He said: “It is an offence to stop the members from sitting. It is just that we cannot without them. We cannot sit aloof. The action that took place

    on Tuesday is not lawful. If we apply the law, it will not be good.

    “We have summoned the minister to appear before us. The money was captured in 2018 budget and it has not been released. So, we can’t give what they want because we don’t have.

    “We are of the opinion that the management staff of the National Assembly should have good condition of service. For us to function effectively, we need a very functional management staff. The protest is strictly not against the members of the National Assembly.

    “The CNA has also explained why. The Senate President and the Speaker do not have access to these funds.”

    Regretting that it was the non-release of the funds that eventually led to the protests, Pwajok  noted that “Parliamentary Staff Association of Nigeria (PASAN) protested against the non-release of their benefits, including promotions and other entitlements.

    “It is disturbing that the non-release is as a result of the non-implementation of the 2018 Appropriation Act of the National Assembly despite the fact that the National Assembly and the judiciary are on the first line charge and there ought to be full implementation of the budget of the two arms of government”.

    The committee was given one week to report back to the House for further legislative action after it was unanimously adopted in a voice vote.

  • Ekiti CJ bemoans poor funding of judiciary

    Ekiti State Chief Judge (CJ), Jus-tice Ayodeji Daramola, has called on Governor Kayode Fayemi to put an end to poor funding of the judiciary witnessed in the last four years.

    Daramola urged Fayemi to implement Section 121(3)(a) of the Constitution of the Federal Republic of Nigeria as amended, which granted financial autonomy to the state’s judiciary.

    Speaking at a special court session to mark the commencement of the 2018/2019 Legal Year, Daramola urged Fayemi to put an end to a situation whereby the judiciary was treated as “an inconsequential parastatal” during the administration of former Governor Ayo Fayose.

    The Ekiti State Judiciary was marking the beginning of a new legal year for the first time in three years as the occasion was last held in the state in 2015 due to inadequate funding of the arm of government.

    The occasion was also marked with a church service at the Cathedral Church of Emmanuel (Anglican) Communion, which was attended by Fayemi, his Deputy, Otunba Bisi Egbeyemi; his wife, Margaret; the Ewi of Ado-Ekiti, Oba Adeyemo Adejugbe; Oluyin of Iyin-Ekiti, Oba Ademola Ajakaiye;  Judges, Magistrates, members of the Bar and workers in the state judiciary.

    According to him, a situation where the third arm of government is still subjected to going cap in hand for funds to the executive arm of government has had a negative effect on its performance.

    He said: “I will be using this opportunity therefore, to appeal to our governor and the House of Assembly to ensure an upward review of the annual budget of the Judiciary so that it can discharge its statutory functions without let or hindrance, so as to meet the expectations of its officers and staff.”

    Daramola regretted that the judiciary was merged with schools in the allocation of funds, from where it paid its workers, adding that workers in the Executive and Legislative arms received two, and sometimes three months’ salaries ahead of Judiciary staff.

    He assured members of staff that they will continue to enjoy all approved benefits within what available resources can accommodate to motivate them work harder.

    Expressing his commitment to staff development, Ekiti CJ promised that the state judiciary will continue to sponsor members of staff to attend relevant seminars and conferences to update their knowledge and improve their skills and outputs.

    Speaking on why there has been no increase in the number of judges on the Ekiti Judiciary Bench (11), Daramola explained that the National Judicial Council (NJC) has frozen further appointments over what it called “light workload” in the jurisdiction when compared with other busier jurisdictions.

    He said: “The light workload here referred does not in any way refer to the outputs of our judicial officers, which I daresay, is one of the highest nationwide, but the total number of cases that are filed in our jurisdiction on quarterly basis.

    “All efforts that we have put in place to enhance and improve the caseload are yet to dramatically alter our position.

    “May I use this opportunity to appeal to members of the Bar, both official and private, to do the needful by filing appeals from the decisions of our Magistrate Courts and Customary Courts to the High Court.

    “This is with a view to lifting our jurisdiction out of the present freeze zone that we have been placed this past four years. It is needless to reiterate here that increase in our workload will create appointment opportunities for their members on the High Court Bench.”

    At the church service, Anglican Bishop of Ekiti Diocese, the Rt. Rev. Christopher Omotunde, called on the concerned authorities to provide judges and other judicial officers with adequate security.

    He explained that one police orderly given to each judge for protection is not enough because of the sensitive nature of their job, describing such police orderlies as “mere decoration”.

    The bishop urged judicial officers to be above board, fearless and be guided by the fear of God in the discharge of their duties.

    Addressing the gathering, Fayemi urged the co-operation of every arm of government to make Ekiti fulfill the purpose for its existence.

    The Attorney-General and Commissioner of Justice, Mr. Olawale Fapohunda, said the executive arm is looking forward to receiving proposals on the additional work required to put the new High Court Complex into use.

    Fapohunda disclosed that arrangements have been concluded to establish Ministry of Justice Academy to train legal officers in areas of advocacy, advisory work, contract drafting and client engagement.

    He also gave an assurance on financial autonomy, promising to facilitate a dialogue with the executive arm to reposition and strengthen the judiciary.

    Fapohunda advocated the support of the Bar to fight crime in the state and ensure that criminals are tried and convicted for the crime they commit.

     

  • Saraki’s acquittal: Judiciary is working, says Buhari

    President Muhammadu Buhari has hailed the judiciary for its commitment despite various challenges.

    Buhari, reacting yesterday to Friday’s acquittal of Senate President Bukola Saraki by the Supreme Court of wrong declaration of assets, said the judicial system is truly working irrespective of the challenges it is facing.

    No one, he said, should therefore be allowed to undermine or break it.

    “I have seen many instances where individuals and groups seek the destruction of the judicial institution in the foolish thinking of saving their skin, instead of going through the painstaking process of establishing their innocence,” Buhari’s  Senior Special Assistant on Media and Publicity, Garba Shehu, quoted him as saying in a statement in Abuja.

    He added:”In the case of the Senate president, Bukola Saraki, I have seen him take the tortuous path of using the judicial process.

    “He persevered, and in the end, the highest court of the land, the Supreme Court, says he is not guilty as charged.

    “This is what I have done in the three elections in which I was cheated out, before God made it possible for me to come here the fourth time I ran for the office.”

    The president said the Senate president’s journey from the lowest to the highest court of the land provides an important example for Nigerians to emulate.

     

  • How judiciary can help tackle insecurity, by Osinbajo

    •’Why Nigeria has not signed free trade agreement’

    THE judiciary can help tackle insecurity by ensuring that perpetrators of crimes are swiftly brought to justice, Vice President Yemi Osinbajo (SAN) has said.

    He noted that the lawyers and the judiciary have been blamed for delaying criminal justice administration.

    Osinbajo was reacting to a call by the Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) on President Muhammadu Buhari to deploy his full constitutional powers to end killings.

    They spoke at the opening of the 12th Annual Business Law Conference of the NBA Section on Business Law (NBA-SBL) in Abuja.

    The theme of the three-day event, which began on Wednesday, is: “Bringing down the barriers: The law as a vehicle for intra-African trade.”

    Bemoaning increasing killings, especially in Plateau State, Mahmoud urged the Federal Government to bring the perpetrators to book.

    He said: “It is not enough for the President to pay a visit to the affected communities. The President must use all constitutional powers at his disposal to bring these killings to an end.

    “More importantly, we must ensure that the perpetrators and their sponsors are arrested and properly brought to justice.

    “Unless that is achieved, democracy and its promise of prosperity for our people will be completely empty and meaningless,” Mahmoud said.

    But, Osinbajo said fighting insecurity requires a joint effort, including the support of lawyers and the judiciary, in ensuring that justice is quickly meted out to those brought to trial.

    “As professional elite, it is important for us to continue to support ways by which we can ensure that our security framework and our system of administration of justice are able to deliver.

    “One of the charges that is laid at our doorstep frequently is the fact that our administration of justice system, which involves ourselves as a profession and the judiciary, are far too slow in holding people to account for anything – whether it is petty offences or corruption or even some of the security issues that we face.

    “I think that one of the critical ways that we can contribute to making our society safer and better is by ensuring that our profession delivers in the promises we made to our people, one of which is that we will ensure swift justice,” he said.

    On the African Continental Free Trade Area (AfCFTA) agreement, around which discussions in the conference centre, the Vice President said Nigeria has not signed it because consultations were still ongoing.

    The AfCFTA is a trade agreement between 44 African Union member states with the goal of creating a single market followed by free movement and a single currency union.

    Osinbajo said there are concerns that the country could become a dumping ground with its signing, adding that Nigeria was more interested in free movement of goods made in Africa.

    He said: “Due to the prevalence of dumping on the continent and the potential for its escalation, one may argue that free trade in Africa may not necessarily be fair.

    “Our vision for intra-Africa trade is for free movement of made-in-Africa goods – goods made by Africans using a significant proportion of African raw materials; not just free movement of goods.”

    The AfCFTA was signed in Kigali, Rwanda on March 21. Signing the Agreement does not yet establish the African Continental Free Trade Area. It will function as an umbrella to which protocols and annexes will be added.

    Once all documents are concluded and ratified by 22 states, the free trade area will formally exist.

    Negotiations will continue this year with Phase II, including Competition Policy, Investment and Intellectual Property Rights. A draft shall be submitted for the January 2020 AU Assembly.

    Kenya and Ghana were the first countries to deposit the ratification instruments on May 10 after ratification through their parliaments.

     

     

  • Bamidele: Oni, others won’t sabotage APC’s victory

    The Director General of the Kayode Fayemi Campaign Organisation, Hon. Opeyemi Bamidele, has said the All Progressives Congress (APC) entertains no fear about the victory of its candidate in the July 14 governorship poll, Dr. Kayode Fayemi.

    Bamidele said he has implicit confidence in the leadership of the party in Ekiti State, including former Governor Segun Oni and his group working for Fayemi to make the victory a resounding and collective one.

    The Director General made the remarks yesterday in a statement from his Media Aide, Ahmed Salami in Ado Ekiti.

    Recently, Oni was linked to a litigation purportedly filed in Abuja seeking the nullification of Fayemi’s victory in the party’s primary on account of his failure to resign as a minister in line with the party’s constitution and guidelines.

    Commenting on the event that has been causing ripples in the APC, Bamidele said he has no reason to doubt Oni and his commitment to Fayemi’s victory in this election.

    Bamidele said: “We are not ruling out the possibility of people having some ill-feelings about certain issues in our party, but that should not degenerate to the level where people can act as fifth columnists in their own party.”

     

     

     

     

  • 2019 elections: CJN urges judges to be wary of politicians’ antics

    …Regrets Executive’s impunity

     

    The Chief Justice of Nigeria (CJN) has admonished judicial officers to be wary of the antics of politicians as the country gradually moves into another season of intense political activities.

    Onnoghen, who advised them to always be guided by the Constitution, their Code of Conduct and oath of office, warned Justices and judges against yielding themselves and positions as tools for politicians.

    The CJN also regretted the growing impunity in the Executive arm, which he noted, accounts for why some states were reluctant to comply with the constitutional provision for fiscal autonomy for the Judiciary.

    Onnoghen spoke in Abuja on Friday while swearing in 12 High Court judges, recently elevated to the Court of Appeal.

    Read Also:CJN Onnoghen on politicisation of judicial appointments

    He said: “You have to abide by the Constitution and the Code of Conduct, which actually is an extension of the oath of office that you have just taken.

    “When you adhere to your oath of office, the code of conduct, the Constitution and the application of the law to the task before you, and abide by judicial precedent, you will be home and dry. You will continue sleep and snore.

    “You don’t care whose ox is gored, because the law is there to defend you. It is only when you apply short cut that is when you invite problem.

    “Be focus and courageous because you are carrying the whole country on your head in terms of dispensation of justice.

    “It is now time for politics. Things will be done to raise the temperature of this country within and outside of the political space.

    “You have to be very, very careful not be used as a tool. You should be guided by judicial precedent, particularly in election and election related matters,” Onnoghen said.

    He said the responsibility of a judge is to resolve disputes in accordance with the dictate of the law and to always apply the law in resolving cases brought before his court, without bothering who wins and who loses.

    The CJN said the Bill recently signed by President Muhammadu Buhari did not just provide financial autonomy to the Judiciary as being erroneously implied. He said the provision has always been in the Constitution.

    He said: “Section 121 of the Constitution has always been there. The only amendment is to bring in the state Houses of Assembly.

    Onnoghen, who read the provision of the Constitution, said “the provision for financial autonomy for the Judiciary has always been there in the Constitution.

    “What has always been the problem is the absence of courage, political will in the Executive arm of government to implement and enforce this provision. That is all. We pray, and will keep on praying that.

    “Some state governments have do the right things, others are ready to do. Those, who are yet to, we encourage them to enforce and implement this provision.

    “This is because the independence of the Judiciary, particularly, it’s financial independence, is the bedrock of democracy itself. We have gone too far to go back.

    “We are under a democratic dispensation, a constitutional democracy for that matter. That is why I keep on saying that the rule of law is the solution to all of our problems.

    “If we operate under the rule of law and are bound by the rule of law, then impunity, which is the bane of our democracy, will disappear.

    “If not for impunity did the Executive not know that the issue of financial autonomy for the Judiciary is a constitutional provision?” the CJN said.

  • Masari tasks Judiciary on quick dispensation of Justice

    Governor Aminu Bello Masari of Katsina state has charged the judiciary to ensure quick dispensation of justice through timely delivery of judgments and avoidance of prolonged adjournments

    Masari who gave the admonition while swearing in the newly appointed state chief judge, Justice Musa Danladi Abubakar, further urged members of the bench particularly, to maintain their enviable reputation as men of conscience that are fair, just and firm in the discharge of their responsibilities.

    Recall that the swearing of Justice Abubakar followed his confirmation by the National Judicial Council (NJC) as the Chief Judge of Katsina State. His swearing in, followed the retirement of former chief Judge, Justice Abdullahi Yusuf, as Chief Judge of the state. Abubakar was until his appointment, the Judge of the Katsina state High Court.

    Read Also:Alleged non-declaration of assets: CCT frees Justice Ngwuta

    The chief judge, who was sworn in alongside Al-hafiz Mika’il Abubakar as the state Grand Khadi, was called to bar in 1982 and began his legal career with Kaduna state Ministry of Justice as pupil state counsel.

    At the swearing in ceremony at Government House, Governor Masari said the state would continue to pray for the chief judge and the grand khadi to enable them to discharge their responsibilities in accordance with the constitution of the Federal Republic of Nigeria.

    He said, “Your job is the most difficult one, difficult in the sense that you are the last hope for the people of Katsina state. People who know will come before you soliciting for assistance, so in that circumstances one should pray to Allah to guide you in dealing with such cases”.

    The Governor described Justice Abubakar as an erudite jurist, whose experience and practice of the legal profession has been a reproach, stressing that he has over the years established an enviable reputation as a man of conscience who is fair, just and firm in the discharge of his responsibilities.