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Tag: Justice Mahmud Mohammed

  • Ex- CJN Mohammed loses wife, driver in auto crash 

    The immediate past Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has lost one of his wives and driver in an auto crash.

    The wife, identified as Mrs Hadiza Mahmud Mohammed and the driver, Abdulrauf Salami died on the spot in the Accident that occurred while they were travelling along Abuja – Kaduna road on Tuesday.

    A source close to the family told The Nation that other occupants of the vehicle – a Toyota Land Cruiser – including the ex-CJN’s second wife and a family member sustained injuries, but are now being attended to in a medical facility in Kaduna.

    Read Also:Auto crash: lawmaker loses ten family members

    It was learnt that the late Salami had been Justice Muhammed’s driver for over 25 years now, since his appointment as a High Court judge.

    The cause of the accident, the family source said, is yet to made public by relevant authorities, including the Federal Road Safety Commission (FRSC).

    Some of the ex-CJN’s colleagues and other judicial officers, both serving and retired, are said to have visited his family house in Kaduna to commiserate with him and other members of his family.

    The Executive Secretary of the National Judicial Council (NJC), Ahmed Gambo Saleh was said to have led some officials of the NJC, Federal Judicial Service Commission (FJSC), Supreme Court, among others on a condolence visit to the ex-CJN on Wednesday.

  • Buhari swears in Onnoghen as Acting CJN

    Buhari swears in Onnoghen as Acting CJN

    • Seeks judiciary’s cooperation in fight against corruption, insecurity, economy boost

    President Muhammadu Buhari on Thursday swore in Walter Samuel Onnoghen (Cross River) as the Acting Chief Justice of Nigeria (CJN).

    At the occasion in the Council Chamber of the State House, the President sought for the judiciary’s cooperation in the fight against corruption, insecurity, and to boost the Nigerian economy.

    He said: “I congratulate the new acting CJN to come at a time that the institution that he is going to head to play his role of the constitutional bodies after the executive the judiciary and legislature at this trying time for our nation.

    “Trying time in the sense of the three identifiable problems this country is facing . Physical security, the problem of economy and corruption.

    “In this room contains the constitutional bodies that are responsible for bringing Nigeria back into line in terms of security and managing it efficiently while making sure that the economy is resuscitated and that security of doing business at all stages in the country is free and fair.” He added

    He said that he was honored to say goodbye to the immediate past CJN, Mahmud Muhammed, who just retired from office.

    Congratulating him for the time spent in the position, the President wished him best of luck in his retired life.

    Onnoghen was sworn in based on Section 230 subsection (iv) and Section 231 subsection (I) of the 1999 Constitution of Nigeria.

    As the most senior justice of the Supreme Court, he took over from the immediate past CJN.

    His appointment is due for confirmation by the Senate.

    Speaking at the occasion, he thanked God for making it possible for him to be sworn in as the Acting CJN.

    Towards having a befitting judiciary for the country, he pledged his support to Buhari’s anti-corruption fight in the judiciary.

    He said: “In this state of our development and with your Programme in tow, I assure you of the full cooperation of the third arm of government in the continuation of the war against corruption and misconduct in the judiciary.

    “I intend to carry on where my predecessors stop, modify certain areas but with the general ultimate goal of having a better judiciary befitting the nation Nigeria.

    “Thank you for the confidence repose on me and by the grace of God we shall succeed.” He stated

    Speaking with State House correspondents at the end of the ceremony, the immediate past Chief Justice of Nigeria Justice Mahmud Mohammed said that there is need for all Nigerians to help fish out corrupt elements within the society, including the judiciary

    He said: “We agree, corruption is everywhere, but you see we are all Nigerians but in the judiciary, it is there we need the assistance of all Nigerians to help fish out those corrupt elements within us so that we could fight with vigour to deliver a clean judiciary for the nation to fight against corruption and to assist in revamping the economy for the interest of this nation in order to secure economy all over because the judiciary has a big role to play in every aspect of our lives.”

    Based on abridged profile of Onnoghen released to journalists, he was born on 22nd December, 1950 at Okurike Town, Biase L.G.A. of Cross River State.

    He attended the Presbyterian Primary School, Okurike Town between 1959 and 1966 and later proceeded to Accra, Ghana to attend Odorgorno Secondary School, Adabraka, between 1967 and 1972 for his West African Examinations Council (WAEC) Exams.

    He was at Accra Academy, Ghana between 1972 and 1974 for his WAEC (A-Levels) before proceeding to the University of Ghana, Legon, between 1974 and 1977 to obtain his Bachelor of Law Degree (LL.B (Hons)) and graduated with 2nd Class Upper Division and was among the best graduating students.

    He attended the Nigerian Law School, Victoria Island, Lagos between 1977 and 1978 for his B.L certificate.

    He completed his compulsory National Youth Service Scheme (NYSC) in July 1979.

    His previous professional appointments/positions held included: Pupil State Counsel, Lagos State, (1978 – 1979), Partner in the Law Firm of Effiom Ekong & Company, Calabar (1979 – 1988), Principal Partner/Head of Chambers of Walter Onnoghen & Associates, Calabar (1988 -1989), Chairman, Cross River State Armed Robbery and Fire Arms Tribunal (1990 – 1993).

    Others included Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar (1996). Chairman, Failed Banks Tribunal, Ibadan Zone (1998), High Court Judge, Cross River State Judiciary (1989 – 1998)
    Justice of the Court of Appeal (Nov 1998-June 2005).

    He was also appointed a Justice of the Supreme Court of Nigeria (JSC) since 2005. He is also a Justice of the Supreme Court of The Gambia.

    A Fellow, Chartered Institute of Arbitrators, Fellow of the Nigerian Institute of Advanced Legal Studies and Fellow of the National Judicial Institute, Hon. Justice Onnoghen has attended several conferences and seminars within and outside Nigeria and presented scholarly papers.

    He is a member of the Body of Benchers and Life Bencher; Chairman, Governing Council of the Nigerian Institute of Advanced Legal Studies, and Vice-Chairman, Legal Practitioners’ Privileges Committee among others.

    Hon. Justice Onnoghen, who is currently the most senior Justice of the Supreme Court, is married with children.

  • Ex-CJN urges constitutional amendment to narrow appeals to S/Court

    Ex-CJN urges constitutional amendment to narrow appeals to S/Court

    The former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, on Thursday called for a constitutional amendment to reduce appeals to the Supreme Court.

    The immediate past CJN made the call in his speech during a valedictory session organised for his exit from the bench.

    Mohammed said the volume of appeals filed in the apex court was overwhelming.

    “Permit me to re-iterate my comments made during the opening of the 2016-2017 Legal Year when I opined that our Supreme Court is arguably the most overworked in the World.

    “In the 2014-2015 Legal Year, the Supreme Court heard 1578 matters, consisting of 1000 motions and 569 substantive appeals, delivering 262 judgments.

    “In 2015-2016 Legal Year, the court heard 1489 matters, consisting of 908 motions and 581 substantive appeals, delivering 268 judgments in that period,’’ he said.

    He further said a total of 500 new appeals were filed in the Registry of the court in the 2015-2016 legal year.

    “This figure shows that nearly ten appeals were filed per week, most of which were interlocutory in nature.

    “Similarly, there were more than 5,000 outstanding appeals some of which have become academic in nature.

    “The log-jams are the result of a free-for-all appeals process, which has been given the imprimatur of our constitution. It was obvious that urgent action was required,’’ he said.

    As an interim measure, the out-gone CJN said the court had taken measure to constitute a second panel to sit on Wednesdays in-addition to the normal sitting in Chamber slated for the same days.

    “This additional Panel was a first in the history of the court and has certainly had a significant impact on the case disposal rate of the court.

    “I will not take full credit for this success, as My Brother Justices rose to the challenge, but I recognise that this was a necessary response to the yearnings of all Nigerians for justice,’’ Mohammed said.

    Besides, Mohammed said the country owed the judiciary a debt of gratitude for standing firm in the face of contrary winds that threatened to blow Nigeria’s democracy off course.

    “During the run up to the 2015 elections, our judicial officers withstood immense pressure in order to guarantee a level playing field and smooth transition of government.

    “This ensured that we were speared a re-enactment of the June 12 saga. In fact, the courts, thus securing the electoral process, disallowed so many frivolous matters aimed at truncating the electoral process.

    “I must particularly commend the Supreme Court for refusing to be intimidated or influenced by any candidates or political parties, and I make no apologies for the firm stand that we took in our decisions,’’ he said.

    On alleged corruption rocking the Judiciary, Mohammed said he had tried to use the power bestowed on him as Chairman of the National Judicial Council (NJC) to restore the integrity of the judiciary.

    “As Chairman of the National Judicial Council, I was greatly concerned about the integrity of our Judicial Institution.

    “I was particularly keen to ensure that the judiciary was properly positioned, both institutionally and ethically, to effectively play its role as valuable partner in good governance and the fight against corruption,’’ he said.

    The President of the Nigerian Bar Association (NBA), Mr Abubakar Mahmoud (SAN), said the out-gone CJN would be remembered not just for his judicial pronouncements.

    According to him, Mohammed will also be remembered as CJN who spear-headed some of the most innovative reforms in the Judiciary.

    The News Agency of Nigeria (NAN) reports that the immediate past CJN was born in Jalingo, Taraba capital, on Nov. 10, 1946.

    He had his early elementary education at Mallam Kasimu Koranic School and Jalingo Primary School between 1950 and 1956.

    He completed his primary education at the Senior Primary School, Jalingo, between 1957 and 1959.

    The out-gone CJN studied Law at the Ahmadu Bello University, Zaria, between 1967 and 1970, and was at the Nigerian Law School between 1970 and 1971.

     

  • CJN identifies corruption as major challenge of Judiciary

    CJN identifies corruption as major challenge of Judiciary

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed said Monday that corruption was a major problem in the nation’s justice sector.

    He said measures were being intensified to curb the menace, which informed the unveiling of a National Judicial Policy (NJP) in Abuja Monday by the National Judicial Council (NJC).

    Justice Mohammed, who is also the Chairman of the NJC, said: “It would be stating the obvious to opine that the greatest single menace that challenges the justice system in Nigeria today is corruption.

    “This endemic vice is not peculiar to any region and ethnic group, cutting across faiths, religious denominations, levels of education and economic status.

    “Corruption has serious implications for both the rule of law and access to justice, and must be fought both institutionally and individually.

    “This is why the National Judicial Policy contains clear provisions restating the Judiciary’s commitment to transparency and accountability.

    “This is clearly spelt out in Paragraph 5.1 of the National Judicial Policy 2016, thus- ‘the National Judicial Policy recognizes that the greatest and most damaging challenge to administration of justice is corruption and that tackling this challenge must go beyond mere exhortation and sentiments.’

    “The policy gives the legal backing for several multifaceted strategies and guidelines to be developed while the Judiciary continues to walk the talk in ridding corrupt Judicial Officers from its ranks, strictly in accordance with due process and the rule of law,” the CJN said.

    Justice Mohammed, who spoke at the launch of the NJP, noted that the absence of such policy in the past has occasioned an uneven growth of the Judiciary.

    “Certainly, the absence of a blueprint has resulted in a demand for the transformation of the Nigerian Judiciary into a modern judicial system.

    “For a number of years, each Jurisdiction has had to muddle along in developing core values and objectives and this has led to a mixed bag of standards and policies.

    “This has also been compounded by the challenging deprivations and paucity of resources, without which critical development was limited.

    “The National Judicial Policy is a charter of commitment to the values that elevate not only our judicial institutions, but also those who are employed by or involved in it.

    “The importance of the foundational virtues of discipline, efficiency, integrity and enduring commitment are reflected in the National Judicial Policy as embodied in its first three regulations and rules of the policy,” the CJN said.

    He added that the policy will also serve as a mechanism to facilitates a greater knowledge of the Judiciary by the other arms of government.

    Former CJN, Dahiru Musdapher Noted that the absence of a National Judicial Policy before now resulted in a disjointed development of the Judiciary.

    “It is certainly time, given recent events that bring to the fore the importance of the third arm of government in the high expectation reposed in it by every Nigerian;

    “The National Judicial Policy provides a statement of intent that will better improve us and protect our institutions and the integrity of the Nigerian Judiciary,” Mudaspher said.

    The event, held at the National Judicial Institute (NJI),was attended by eminent personalities including two other former Chief Justices of Nigeria – Justices Mohammed Uwais and Idris Kutigi; President of the Court of Appeal, Zainab Bulkachuwa and retired Justice of the Supreme Court, Emmanuel Ayoola.

    The event also featured the inauguration, by the CJN, of the Judicial Ethics Committee headed by Justice Kutigi.

    The committee, which is saddled with the enforcement of the policy, is required to conduct periodic surveys on behalf of the NJC to provide empirical measurements of compliance with the policy, as it affects the administration of justice and application of ethical standards by all judicial officers and court staff.

  • Arrest of judges: NJC ends meeting, keeps mum

    The National Judicial Council (NJC) failed to make public its position on the arrest of some judges by the Department of State Services (DSS).

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed had promised on Monday the the issue of the arrest would be addressed comprehensively at the NJC meeting scheduled for the next day.

    He had said: “It is indeed very saddening and deeply regrettable, the distressing and unfortunate incident, which occurred on Friday, 7th October and Saturday 8th October, 2016.

    “However, I must ask all Nigerians to remain calm and prayerful, as an emergency meeting of the National Judicial Council (NJC) will take place tomorrow, will comprehensively look into the matter,”

    The NJC, which commenced its meeting on Tuesday, could not conclude on most issues discussed, which were eventually concluded today (Wednesday).

    It was learnt that the council ended its meeting today, but has decided to make public its position on the judges’ issue, among others tomorrow.

    An insider told The Nation that the meeting ended with many agreeing that its position should be made public.

    “We ended the meeting today after exhaustively considering the unfortunate incident involving some of our judges. Members strongly condemned it.

    “We also agreed on the successor to the outgoing CJN, and have resolved to allow the tradition remain.

    “It was generally agreed that the most senior Justice of the Supreme Court should succeed my lord, Justice Mohammed, who is scheduled to quit the bench on November 10,” a source told The Nation.

  • CJN deplores arrest of judges

    CJN deplores arrest of judges

    …NJC will address it at tomorrow’s meeting
    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has expressed discomfort over Saturday’s arrest of some judicial officers by men of the Department of State Services (DSS).

    The CJN, who spoke this morning at a valedictory court session held in honour of retiring Justice Suleiman Galadima (of the Supreme Court, described the development as saddening and unfortunate.

    “My Lords, invited guests, ladies and gentlemen, not to distract from this occasion, it is indeed very saddening and deeply regrettable, the distressing and unfortunate incident, which occurred on Friday, 7th October and Saturday 8th October, 2016.

    “However, I must ask all Nigerians to remain calm and prayerful, as an emergency meeting of the National Judicial Council (NJC) will take place tomorrow, will comprehensively look into the matter.

    “Furthermore, I must express my sincere appreciation to the executive of the Nigeria  Bar Association (NBA), ably led by the President, Abubakar B. Mahmud (SAN) and indeed, all members of the legal profession for their prompt action and continued support.”

  • Council forwards three CJN nominees to NJC

    Council forwards three CJN nominees to NJC

    As the tenure of the incumbent Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, draws to a close, the Federal Judicial Service Council on Wednesday forwarded names of three most senior Justices of the Supreme Court to the National Judicial Council (NJC) for consideration.

    They are Justices Walter Onnoghen (who is currently next to Mohammed), Ibrahim Muhammad and Suleiman Galadima.

    By the standard procedure, NJC is required to consider the three names sent by FJSC and recommend one of them to President Muhammadu Buhari for appointment before the expiration of the incumbent CJN’s tenure on November 10.

    The NJC, headed by the incumbent CJN, is likely to favour the choice of Onnoghen because of its reluctance to shed its tradition of allowing the most senior Justice to succeed a departing CJN.

    The incumbent CJN stressed this fact on September 19 while speaking at the commencement of the Supreme Court’s new legal year.

    He expressed his preference for the retention of the court’s tradition of allowing the most senior Justice to succeed a departing CJN.

    The incumbent CJN, who was born on November 10, 1946, is expected to attain the mandatory retirement age of 70 years on November 10.

    Justice Onnoghen was born in 1950 at Okurike, Biase local government area of Cross Rivers State, and elevated to the Supreme Court bench in 2005.

    Justice Muhammad, born on December 31, 1953 at Doguwa-Giade, Giade local government area of Bauchi State, was appointed to the apex court bench on January 7, 2007.
    Justice Galadima, born on October in 1946 in Nasarawa State, was appointed a Justice of the Supreme Court in 2010.

  • CJN, AGF flay conflicting court judgments

    CJN, AGF flay conflicting court judgments

    The Chief Justice of Nigeria, Justice Mahmud Mohammed, Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) and a leader of the Body of Senior Advocates on Nigeria, T. J. O. Okpoko (SAN), on Monday expressed dismay at the rising trend of conflicting judgments by courts in the country.

    Justice Mohammed, Malami and Okpoko said instances where lower courts of coordinate jurisdiction render conflicting judgments on similar cases and at some instances, ignore established precedents were harmful to the integrity and reputation of the judiciary.

    The CJN, who disclosed that the worrying trend was currently being investigated by the National Judicial Council (NJC), assured that appropriate punitive actions would be taken against judges found wanting in this regard.

    Justice Mohammed, Malami and Okpoko spoke in Abuja during a special court session to mark the commencement of the Supreme Court’s 2016/2017 new legal year and the swearing-in of newly conferred Senior Advocates of Nigeria.

    In all, 22 lawyers including the Director General of the Nigerian Law School, Olanrewaju Onadeko, were conferred with the rank.

    The CJN said: “It is with great trepidation and dismay that I note the growing disregard for laid down precedent in decisions from various levels of courts, even the appellate court.

    “I am of the firm conviction that every court in Nigeria is bound by the decisions of the Supreme Court and shall not graft a different outcome from those expressly laid down by the Supreme Court.

    “Such departures from precedent therefore risk creating the type of confusion, which is inimical to the trust reposed in us by the people and we risk our reputations, our integrity and even our existence by such indiscipline.

    “Several conflicting decisions were recklessly dished out by the Court of Appeal last year in appeals arising from various decisions of the election petitions tribunals, given on election petitions filed by the parties who lost in the general elections conducted in April 2015. “

  • CJN regrets insufficient fund allocation to Judiciary

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has expressed discomfort at the impact of insufficient financial allocation on the judiciary.

    He noted that current budgetary challenges being experienced in the country affects the judiciary more than other arms of government.

    Mahmud, however, urged court administrators to evolve ways of ensuring efficient operation of the courts despite the budgetary challenges.

    “The current budgetary challenges permeating the nation, no doubt affects the judiciary more than any other arms of government and remains a perennial challenge to judicial independence and the effective performance of our constitutional roles.

    “Nonetheless, despite the difficulties, you must ensure that your policies are holistic, calculated to improve the credibility and effectiveness of your respective jurisdictions specifically and the entire system of justice administration as a whole,” he said.

    The CJN spoke in Abuja while addressing participants at “the 2016 refresher course for Chief Registrars, Deputy Chief Registrars, Directors and Secretaries of Judicial Service Commissions/Committee.”

    The training organised by the National Judicial Institute (NJI), has as its theme: “Ensuring efficiency and transparency in judicial administration.”

    He urged them to shun unethical practices, including corrupt acts and abuse of office, capable of impacting negatively the public image of the judiciary.

    The CJN advised participants to always be guided by their codes of service and work to ensure the effectiveness of the justice administration system.

     

     

  • CJN cautions judges, magistrates on plea bargaining

    The Chief Justice of Nigeria, Justice Mahmud Mohammed, has cautioned judges and magistrates to be cautious in handling plea bargain agreement brought before them by parties in cases before their courts.

    He also advised judicial officers to accord human face to criminal justice proceedings by considering other alternatives to custodial sentences in view of the inadequacies of the nation’s prison system.

    Justice Mohammed spoke in Kaduna on Monday while addressing a group of judges and magistrates, attending a sensitization workshop on the Administration of Criminal Justice Act (ACJA), for judges and magistrates of the Federal Capital Territory (FCT), organized by the United Nations Office on Drugs and Crime (UNODC), with funding by the European Union (EU).

    The CJN, who was represented by Justice Ibrahim Tanko, noted that the ACJ Act is the culmination of the long held desire to improve the administration of criminal justice and to bring the rules of criminal procedures in Nigeria in line with global best practices and the need of the 21st Century.

    He added that the objectives of the Act, as found in Section 1 of the law, are to promote efficient management of criminal justice institutions, provide speedy dispensation of justice and protect the society from crime, while defending the rights and interest of the defendant and the victim.

    “These indicate a deliberate shift from punishment, as the main goal of criminal justice to restorative justice, which pays attention to the needs of the society, the victims, vulnerable persons and human dignity,” the CJN said.