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Tag: Justice Adamu Kafarati

  • CJ gives October deadline to end political cases

    Chief Judge of the Federal High Court, Justice Adamu Kafarati has directed that all political cases still pending before the court should be concluded by October.

    Kafarati gave the directive in Abuja on July 4, while receiving the 2019 “International Award for Public Interest, Excellent and Meritorious Services” from the International Human Rights and Anti Corruption Society (IHRAS).

    He said the measure the court adopted before and during the last general elections, which included the directive to judges not to grant ex-part orders in political cases, was intended to allow every political prayer equal opportunity.

    He said: “In an attempt to forestall any hiccups and where the court is blamed by political gladiators, I issued, during the last vacation, a circular that interim orders ex-parte shall not be granted in any political cases brought before the court.

    “I believe that controversies, especially in political cases, can be reduced when the court takes a decision after hearing all the parties in the case.

    “It is also extremely important that all political cases that may affect any of the parties, which are still in our courts, be concluded without further waste of time to afford all candidates the opportunity to pursue their political ambitions.

    “Judges before whom such cases are still pending must endeavour to conclude them before the end of October 2019.”

    Justice Kafarati, who noted that the award was an indication that the public appreciate the court’s efforts, hailed judges and other personnel of the court for their dedication and hard work.

    He noted that democracy only thrives where citizens’ rights are guaranteed and corruption curbed, and stressed that the court and the law remain necessary instruments for regulating any democratic society.

    “I urge your lordships to be wary in handling all cases, especially cases concerning human rights and political cases.

    “We should again, use this court and the Constitution to regulate our society for the good of our children and mankind. I still believe that the Judiciary remains the hope of all people, whether common or uncommon.

    Kafarati praised members of IHRAS for selecting him for the group’s award and said: “I accept this award on behalf of the Nigerian Judiciary and most especially the people in my life, who have made my standing here possible.”

    While presenting the award, IHRAS’ Director-General, Dr. Udoisong Udofia said it chose Kafarati for the award in view of his commitment to human rights protection, anti-corruption advocacy and promotion of judicial independence through various activities of the court.

    Udofia,who noted that his group has enjoyed the support of the court in its human rights and anti-corruption advocacy, said his members will not relent in speaking out where rights violation and corrupt practices are noticed.

    Present at the event, held in the court’s conference hall, were Justice Stephen Adah (of the Court of Appeal, who represented the court’s President, Justice Zainab Bulkachuwa) and the honouree’s fellow judges of the Federal High Court.

    There were also lawyers, including the President of the Law Officers Association of Nigeria (LOAN), Yusuf Abdulkadir (who represented the Director of Public Prosecution (DPP), Federal Ministry of Justice, staff of the court and members of IHRAS.

  • Judges blame incompetent prosecution for day in high profile cases

    ….COTRIMCO identifies corruption as bane of judicial process

     

    Judges, including Chief Judge of the Federal High Court, Justice Adamu Kafarati and his counterpart at the High Court of the Federal Capital Territory (FCT), Justice Isahq Bello have blamed incompetent prosecution for delay in the trial of high profile individuals.

    They identified poor investigation, incompetent drafting of charges, including filing of charges with multiple charges, without evidence to prove such charges; display of lackadaisical attitude on the part of prosecuting lawyers, among others, as causes of delay.

    They urged judges to be firm in the control and management of court proceedings, and exhibit enhanced commitment to the course of justice.

    The Chairman, Corruption and Financial Cases Trial Monitoring Committee (COTRIMCO), Justice Suleiman Galadima noted that corruption “has made a mess of our judicial process.”

    A Professor of Law and President, Centre for Socio-Legal Studies (CSLS), Yemi Akinseye-George (SAN) called for the provisions of better working tools and conducive environment for judges to operated as a measure against delay in trials.

    They spoke in Abuja on Thursday, at a “one-day interactive workshop for heads of courts and other stakeholders.”

    The well-attended event, with the theme: “Specialised court’s and the challenge of speedy dispensation of justice in high profile criminal cases (HPCCs), was put together by CSLS and COTRIMCO.

    Kafarati, who was represented by Justice John Tsoho (also of the Federal High Court), suggested the engagement of competent prosecutors and investigators to address the problem of delay.

    He cited the case of a former Nigerian Governor, who was jailed in a foreign country within a short time, while the prosecution in Nigeria was unable to commence trial, two years after some of the Governor’s alleged accomplices were charged before his court.

    The FHC CJ said the delay in the trial process is indeed, embarrassing to this country in view of the harm corruption has done to the society.

    He also blamed the defence for their exploitation of the provision of Section 36 of the Constitution that provides for the right to fair hearing, as a way of causing delay.

    He said: “Sincerely, as trial judge, it is difficult to ignore that provision when the defence call it to aid, because the Constitution, as we all know, is the grundnorm.

    “Something has to be done about amending that provision, which talks about the right to fair hearing. It should be tinkered with to allow for sufficient latitude, so that people don’t have blanket reliance on it to truncate criminal trials.”

    Bello, who was bitter about the congestion of courts dockets, years after the introduction of the Administration of Criminal Justice Act (ACJA) 2015, blamed investigating and prosecuting agencies, who file charges and bring defendants to court, without sufficient evidence to prosecute.

    He noted that judges handling HPCCs and heads of courts are often subjected to undue pressure for both within and outside the judicial system, with the intention of ensuring soft landing for the high profile defendant.

    Bello admonished court heads to always exercise their powers to re-assign cases, from a judge to another, upon complaints from outside the court, with circumspect to avert causing further delay and dampening the morale of the judges.

    The FCT CJ, who noted that some prosecuting agencies merely charge people to court with the intention of extorting them, suggested a procedure where the prosecution is required to obtain leave (permission of the court) before filing charges.

    He said this measure will serve as a sieving process to address the practice where prosecuting agencies file frivolous charges, which they intend not to prosecute because they lack the necessary evidence to support such charges.

    Chief Judge of Lagos State, Justice Opeyemi Oke, who was represented by Justice Oluwatoyin Taiwo (also of the High Court of Lagos State) assured of the state’s commitment to COTRIMCO’s efforts at eliminating delay in HPCCs.

    Justice Adebukola Banjoko of the High Court of the FCT, who was hailed for her brilliant handling of must HPCCs brought before her court, spoke about her experience of the antics of defence lawyers and identified drawbacks in the approach of the prosecution.

    She praised the many beautiful provisions of the ACJA and suggested modification to some provisions including restricting interlocutory appeal to the Court of Appeal, rejecting appeal on issues already decided by the Supreme Court and limiting the number of times the prosecution could amend proof of evidence.

    In his contribution, Akinseye-George said: “In our humble view, to achieve the objectives of speedy trial, better working tools must be provided for the judges.

    “The salaries and allowances of judges which have largely remained static for several years despite inflationary trends and declining value of the Naira must be urgently reviewed upwards.

    “Effective E-recording of court proceedings should now be made mandatory. It is unacceptable that in this digital age we continue to operate an analog judiciary as judges continue to suffer the tedium of writing proceedings in long hand,” he said.

    He also spoke about software developed by a Nigerian IT expert, which was showcases at the workshop that provides an affordable solution to the long-standing problem of electronic recording of our courts.

    Justice Galadima (a retired Justice of the Supreme Court) said: “We all feel concerned that the pace of justice delivery is not moving fast enough to meet the constitutional standard of ‘trial within a reasonable time’.

    “This is particularly so in regard to the trial of High-Profile Corruption and Financial Crime Cases (HPCCs).

    “The prevalent practice under which political office holders and other high-profile defendants, who were charged to court several years ago are still undergoing trial due mainly to all manner of reasons makes a mockery of our judicial process.

    “Corruption, no doubt, has made a mess of our judicial process, and it is in the enlightened interest of the judiciary and entire legal profession, to restore confidence in the process.

    “We must reverse the prevailing perception that the judicial process is corrupt, ineffective, inefficient and susceptible to manipulation by the high-profile defendants and politically-exposed persons,” Justice Galadima said.

  • Magu seeks transfer of cases before Justice Nyako

    Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu has asked the Chief Judge of the Federal High Court, Justice Adamu Kafarati to withdraw all case files involving him and the commission from Justice Binta Nyako over “likelihood of bias and conflict of interest”.

    The request is contained in a petition written to Justice Kafarati on Magu’s behalf by his counsel, Wahab Shittu.

    There are 11 consolidated cases involving Magu and EFCC before Justice Nyako.

    Shittu said the request was not due to ill-will or disrespect towards the judge or her esteemed office.

    “We have no intention to malign or disparage the character of Hon. Justice Binta Nyako who our firm holds in high esteem.”

    Magu, while instructing Shittu, said: “The application is necessary to avoid bias and conflict of interest because the Commission is prosecuting the spouse and step-son of His Lordship, namely: Admiral Murtala Nyako (rtd.) and Senator Abdulaziz Nyako.”

  • Breaking: Court refuses to reverse IPOB’s proscription

    Breaking: Court refuses to reverse IPOB’s proscription

    A Federal High Court in Abuja has rejected an application by the proscribed group, the Indigenous People of Biafra (IPOB) challenging the order banning it.
    Justice Adamu Kafarati, in a ruling on an application by the group, held that the proscription order made ex-parte on September 20 last year was validly made.

    Read Also: Court Proscription of IPOB not enough- Yerima

    Justice Kafarati held that IPOB’s application, seeking the vacation of the proscription order was unmeritorious and deserved to be dismissed.
    The judge awarded N500,000 cost against IPOB.
    The group’s lawyer, Ifeanyi Ejiofor thanked the judge for his ruling, but said he will appeal the decision.
    Details later
  • Judge returns Evans fundamental rights case file to CJ

    Judge returns Evans fundamental rights case file to CJ

    Justice Abdulazeez Anka of the Federal High Court, Lagos on Wednesday declined to hear a fundamental rights suit filed by the suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans.

    Evans is seeking N300 million damages for his illegal detention.

    Anka said that the case file would be returned to the Administrative Judge for a further directive.

    The judge had earlier heard the case during the court’s long vacation and had adjourned until Aug. 29 for judgment after parties argued it and adopted their addresses on Aug.16.

    But the police through its counsel Mr David Igbodo said another lawyer, Mr Henry Obiazi, who represented the Inspector-General of Police (IGP) and the Nigeria Police when the case was heard did so without authorization.

    The police prayed the court to set aside all the purported arguments made by Obiazi and to set aside the ruling it delivered on Aug. 16 in which he adjourned for judgment.

    When the case came up before another judge, Justice Chuka Obiozor during the long vacation, he held that the case was no longer urgent.

    Related: “I’m still wondering how illiterate Evans lured me into his kidnapping gang”

    Obiozor then returned the file to the Chief Judge, Justice Adamu Kafarati for re-assignment to another judge.

    The case was subsequently re-assigned to Justice Babs Kuewemi.

    However, Evans’ lawyer, Olukoya Ogungbeje wrote the chief judge informing him that Anka had already adjourned the case for judgment.

    Based on the letter, the case was again returned to Anka.

    When the case came up before Anka on Wednesday, he expressed displeasure that the case was returned to him when the issue of judgment had been overtaken by events.

    The judge said that since the police had filed other applications, the earlier adjournment for judgment had become void.

    Anka added that even if he had written the judgment earlier, it meant that a new one would be written.

    Police Counsel Chukwu Agwu accused Ogungbeje of “smuggling” the case file back to Anka’s court.

    “The case was re-assigned to Justice Kuewumi. How my learned colleague smuggled this case to this court is baffling.

    “He did not avail us with a copy of his letter to the chief judge, otherwise we would have reacted,” he said.

    But Ogungbeje said his letter was on the premise that since a judgment had already been fixed, it could be delivered by Anka after entertaining the late applications filed by the police.

    Meanwhile, Anka held that it was not factual to say that judgment had been reserved “when its not’’.

    He said that the court was obliged to hear the fresh applications by the police.

    The judge said the case was not adjourned for judgment but for hearing, adding that Ogungbeje’s claim that the case was for judgment was not the true position.

    During the ruling, he said: “the case was made for a hearing of the motion of first and second respondents.

    “The court shall, therefore, cause a letter to be written to the Administrative Judge to explain the true position of the case, which is for further hearing and not judgment.

    “Parties shall, therefore, await the decision of the Admin Judge, either to re-assign the case or for this court to maintain the case in its cause list.”

    Evans has since been arraigned before Justice Hakeem Oshodi of the Lagos State High Court.

    While Evans and two others pleaded guilty to the charges, the remaining defendants pleaded not guilty.

    The prosecution said that the defendants between Feb. 14 and April 12, on Obokun Street, Ilupeju, Lagos, armed with guns and other dangerous weapons captured and detained Duru Donatus.

    It said that the defendants allegedly collected a ransom of 223,000 Euros to release Donatus.

    In his fundamental rights suit, Evans is claiming N300 million against the police as damages for alleged illegal detention and rights violation.