The Nation Newspaper

Tag: Justice Zainab Bulkachuwa

  • Frivolous electoral cases

    Media reports to the effect that Court of Appeal judges had been directed to forget their annual vacation this year on account of the volume of pending election-related cases should send us thinking about the nature of the country we are in, as well as its future. Justice Zainab Bulkachuwa, the court’s president who announced the cancellation of the vacation said this became inevitable “considering the enormous petitions the court is faced with”. She added: “2019 being an election year, it became obvious that we have to forfeit our annual vacation to enable us entertain and determine all appeals arising from the various election petition tribunals transmitted to the court.”

    Whilst I was still unsure of what to comment on this week, even as late as Friday afternoon, I again stumbled on the report that even the Supreme Court had set up two panels to sit during the judges’ annual vacation which begins tomorrow. A statement by the director of press and information of the apex court, Dr Akande Festus, said “The panels of the Supreme Court, comprising five judges each, will be sitting during the annual vacation which marks the end of 2018/2019 legal year. This development arose from the numerous appeals on election-related matters that have been streaming to the court since the conduct of the election … The panels will sit during the holiday period in order to see that all election-related matters are dealt with”. It was at this point that it dawned on me that it won’t be a bad idea to comment on the issue.

    We can say litigation is an integral part of democracy; that people who are not satisfied with the conduct or outcome of an election should approach the courts for redress. As a matter of fact, we have been celebrating many people who follow that course of action since the return to civil rule in 1999; instead of resorting to violence to settle whatever the political scores are. But we have got to a point where we should begin to interrogate some of these electoral litigations. The truth is; one does not need to be a senior advocate to know that some of these political (or even other cases) ought not to have gone to court in the first place. Eaglet or baby lawyers know this for a fact.

    Even as laymen, we have eyes to see clearly enough that some of the cases that are taken to our courts are lacking in merit and lawyers should have so advised their clients. But what do we have? We have a situation where some lawyers turn themselves into something worse than laymen (remember I have said that even as laymen, some of us know that some of those cases should not go to court in the first place) usually because of what they want to eat. Whilst it is bad enough that some of these ‘charge and bail’ lawyers engage in such frivolities that waste the time of the court, one becomes sadder still when those behind such cases are supposedly senior lawyers who have either made it, or just had their palm kernels cracked for them by some benevolent spirits (apologies to the late Chinua Achebe).

    The number of election-related cases pending in our courts is simply amazing. I have no doubt that such would make the Guinness Book of Record if those compiling the facts for the ‘wonder book’ take interest in such matters. According to the summary of cases in the Court of Appeal Divisions prepared by the head, legal services unit, Mrs. Adaeze Oby Aziwe, a total of 2,397 appeals and 5,120 motions were filed during the period under review. Similarly, reports from the office of the DCR, Court of Appeal, Election Petition Tribunal, Mrs. Rabi Abdulazeez Yakubu, say that a total of 800 petitions were filed as at June 17, 2019.

    “A breakdown of this figure shows that, State House of Assembly recorded the highest figure of 415, Senate 105, House of Representatives 214, governorship 62 and presidential, four petitions.

    “According to the fact sheets emanating from the 77 election petition tribunals set up by the President of the Court of Appeal as at April 23, 2019, 65 petitions were either dismissed or struck out while 735 petitions are pending.”

    With such a huge number of political cases in courts, the impression is erroneously created that our politicians really love us that they cannot see their opponents sitting on the same seats they both contested for, ostensibly on our behalf. But nothing can be more fallacious. If this country has had leaders who fight for the common good the way they fight for political office and relevance, we should not be where we are today.

    Rather than simply going home to plan for the next electoral contest, most of these bad losers end up going to congest our courts that are already brimming with other criminal matters, wasting the precious time of the courts in the process. What is at stake is the bucks. Perhaps there are no cases where people have money to waste than on electoral matters. For God’s sake, why would someone be ready to spend his hard-earned money on electoral petitions, if not for the hope of recouping the money if he eventually wins?

    I think it is high time the judges began to come real hard on these politicians, and harder still on lawyers who should know but allow themselves to be blinded by the filthy lucre from the engagements. Having corrupted the political space, the politicians have extended the corruption to the sanctuaries of justice. All right-thinking and patriotic Nigerians must unite to fight this scourge. Annual leave is not something that should be trivialised. Those who started it did so for a purpose. And if our judges must be kept without annual leave, it should be for something more serious; not for frivolous electoral petitions. The judges deserve their rest.

  • Why must Bulkachuwa recuse herself?

    The calls for Court of Appeal President Justice Zainab Bulkachuwa to recuse herself from the Presidential Election Petition Tribunal are not tenable, argues Segun Ayobolu.

    All eyes will most certainly be on the President of the Court of Appeal and Chairman of the Presidential Election Petitions Tribunal, Justice Zainab Bulkachuwa, as the jurist decides in due course whether or not to recuse herself from participating in deciding on Alhaji Atiku Abubakar’s legal challenge of President Muhammadu Buhari’s victory in the February 23, 2019, presidential election. In a petition to the tribunal after the inaugural sitting of the panel, Both Atiku and his party, the Peoples Democratic Party (PDP) had asked Justice Bulkachuwa to withdraw as a member of the five-man panel because of what they perceive as a likelihood of serious bias on her part as a result of the reported relationship between some of her family members and the All Progressives Congress (APC) whose presidential victory they seek to upturn in court.

    In the petition addressed to Bulkachuwa, the petitioners’ lawyers stated specifically that “My Lord, it is no more a secret that your dear husband, Adamu Mohammed Bulkachuwa, contested February 23, 2019, election for the position of a Senator in Bauchi North Senatorial District and won same on the platform of the APC. This information is not just in the public domain but has dominated both public and private discussions to the extent that it has become a sore source, not just to members of our party, but to the generality of Nigerians because of your very unique and critical position as the President of the Court of Appeal, which is saddled with the sacred responsibility of hearing petitions arising from the presidential election”.

    Continuing, the petitioners stated that “This fear was palpable enough just with you as the President of the Court of Appeal but has now been worsened and compounded by the discovery that you have decided to appoint yourself as the Chairman of the panel to hear the petition”. It was also alleged that Bulkachuwa’s son, Aliyu Haidar Abubakar is a card-carrying member of the APC who not only campaigned for President Muhammadu Buhari’s re-election but also contested the party’s governorship primaries in Gombe State.  Through the activities of these family members, according to the petitioners, the Court of Appeal President has “direct intimacy” with the APC.

    If a jurist is presumed to become “directly intimate” with the affairs of a political party as a result of the partisan activities of his or her family members, how many judicial officers across the country will be required not just to recuse themselves from particular cases but to excuse themselves from judicial practice entirely?

    Those who argue that there is no reason for Justice Bulkjachuwa to recuse herself from this case as demanded by the PDP contend that it is unfair to punish the jurist for the supposed partisan beliefs and affiliations of her family members especially when no scintilla of proof has been provided to suggest that this also represents her own political position or stance. In any case, there is no law, for instance, that precludes judicial officers from voting in elections even if most in Nigeria may refrain from doing so despite the secrecy of the vote casting process.

    Judicial officers who decide to do so will necessarily be exercising their right to make a political choice between contending candidates and parties which involves a certain degree of partisanship. The important thing is that the partisan and ideological belief or orientation of a judicial officer must not be allowed to colour his or her judgment or determine their positions in the pursuit of their sacred tasks in the temple of justice.

    Justice Bulkachuwa herself appears acutely aware of the responsibility of the judicial officer in this regard when she declared in her speech at the inaugural sitting of the panel that “The Court of Appeal will work in accordance and within the dictates of the constitution, the law and international best practices, to dispense justice to all, without fear or favour, affection or ill will”. She further said that “Justice demands that judges who will sit in the panel of a tribunal be divested from all forms of bias”. For those opposed to her membership of the panel, the only way Bulkachuwa can show non-bias is to withdraw from the case. Others argue that the critical thing is for her to be conscious of the need to rise above partisanship unethical bias in all her decisions by abiding by the highest professional and ethical standards.

    Were the case for Justice Bulkachuwa to recuse herself from this case be pursued to its logical conclusion, the jurist would indeed have to excuse herself from all duties and responsibilities of her office that relate to the presidential election. For, were she to withdraw as Chairman, for example, she would still be the one to determine who would replace her in that capacity on the panel. From a pool of scores of judges to choose from at the Court of Appeal, she would still have to exercise some discretionary powers. Could she not be accused of bias and partisan considerations in the exercise of such powers? In any case, as President of the Court of the Appeal, she was the one who appointed the other members of the Presidential Election Petition Tribunal. Should they also be asked to withdraw as a result of that fact?

    A school of thought believes that until Justice Bulkachuwa violates her sacred oath of office as Chairman of the Presidential Elections Petition Tribunal by allowing crass partisanship to becloud her judgement and this is proven to be so, it would be unfair to ask that she recuse herself from this case. For, once she does this, she would most likely have been irreparably scarred as being unable to perform the duties of her office without rising above the fray of sentiments and partisanship. If on the other hand, she offers a judicial decision that sacrifices justice on the altar of partisanship, there is thankfully the National Judicial Council (NJC) to which recourse can be made and sanctions sought for what would obviously be gross professional misconduct.

    The petitioners claim that the Court of Appeal President would never be able to convince any reasonable person that she never discussed the petition with her husband during the duration of the trial should she fail to recuse herself from the case. Even if it is assumed that she does discuss the case with her husband, will she then come and impose whatever arises from such discussions either on the proceedings or on other members of the panel? This sounds almost childish. This is not a one-man panel. There are four other members of the Tribunal. Are these members just a rubber stamp of whatever the Chairman wants?

    REad also: Buhari v Atiku: Leave Bulkachuwa alone – Nwabueze

    It is unlikely that Justice Balkuchuwa will desire to end her judicial career prematurely and disgracefully by allowing brazen partisanship to taint her judgement, especially in such a high profile presidential election petition case that no doubt attracts great interest and attention within and beyond the legal profession and even beyond the borders of Nigeria. Even if she were so minded, would the other members of the panel be also willing to put their careers on the line in a similar fashion? Let us even assume that to be the case, is the Court of Appeal the terminal point for the presidential appeal? Is there no further opportunity for appeal to the Supreme Court if any party is dissatisfied with the decision of the Presidential Election Petition Tribunal? Would the Court of Appeal Tribunal be willing to give a judgement so tainted with partisanship and so contemptuous of justice that it will most likely be torn to shreds at the apex court and make its members an object of scorn and derision? It is unlikely.

    Justice Bulkachuwa’s husband may as well as be an APC Senator-elect and her son a gubernatorial aspirant on the platform of the party; none is a party before her in this case. She has not been proven to be a card-carrying member or even a sympathizer of the APC beyond vague insinuations and speculations that have no bases in empirical fact. The petitioner’s claim that at the inaugural sitting of the tribunal, Bulkachuwa made the following statement that shook their confidence in her impartiality: “Elections are held in Nigeria every four years into elective positions. No matter how well the election is conducted, there are bound to be complaints…”. Unfortunately, they do not provide the entire context within which the alleged statement was situated for us to make an objective appraisal.

    Even then the statement is certainly not false. Every presidential election outcome since 1999 has been contested with the exception of that of 2015 in which President Goodluck Jonathan graciously conceded defeat. The winners tend to see the election as being largely well conducted and the losers invariably tend to see the same elections as being substantially flawed. The judiciary is always called upon to be the arbiter. It is difficult to see the partisanship in this statement.

    True, Rule 12.1 of the Code of Conduct for Nigerian Judicial Officers states unequivocally that “A Judicial Officer should disqualify himself in a proceeding in which his impartiality may genuinely and reasonably be questioned”. But in a complex, plural society like Nigeria where ethnic, religious, regional and other primordial sentiments run deep, this seemingly straightforward requirement may assume unanticipated complexities. In the case between Buhari and late President Umaru Yar’Adua in the aftermath of the 2007 presidential election, for instance, Justice Umaru Abdullahi could easily have recused himself for being not only from Katsina State like Buhari but also being the General’s classmate at Provincial Secondary School, Katsina. Yet, he played a key role in the Court of Appeal verdict that upheld Yar’Adua’s victory.

    Of course, the decision on whether to eventually recuse herself or not is entirely that of Justice Bulkachuwa. But beyond whatever course she chooses is the need for members of the Nigerian political class to begin to ensure that the intensity of their competition for political power is not allowed to undermine public trust and confidence in our critical political institutions and their key functionaries. For instance, in the run-up to the last general elections, there was widespread clamour that a National Commissioner of the Independent National Electoral Commissioner (INEC), Mrs Amina Zakari, be removed because of her alleged blood relationship with President Buhari, a report later debunked by her family.

    It was alleged that the president and his party were plotting to rig the election through Mrs. Zakari’s strategic position at the commission even when it is so obvious that, given both the organisational structure of the electoral body as well as the complex nature of the electoral process, it is simply impossible for any single person to successfully rig elections in contemporary Nigeria. In the same vein, it is difficult to see how Justice Bukachuwa can singly determine the outcome of Atiku’s election petition no matter how influential she may be perceived to be.

  • 766 petitions filed at 77 election tribunals

    A total of 766 petitions have been filed by politicians who were dissatisfied with the outcome of the last general elections.

    The Nation learnt yesterday that the President of the Court of Appeal, Justice Zainab Bulkachuwa, in exercise of her constitutional authorities, has set up a total of 77 election tribunals to hear and determine the petitions.

    According to the Deputy Chief Registrar, Election Petitions Tribunal, Court of Appeal, Mrs. Rabi Abdulazeez, a breakdown of the petitions revealed that four were filed by four political parties and their candidates in respect of the presidential election.

    They include the one, marked: CA/PEPC/002/2019, filed on March 18 by the Peoples Democratic Party (PDP) and its candidate in the February 23 election, Atiku Abubakar.

    The Hope Democratic Party (HDP) and Ambrose Owuru, who claimed to be the party’s presidential candidate, filed the second petition, marked: CA/PEPC/001/2019. It was filed on March 7.

    Read also: A’Ibom APC seeks relocation of election tribunals to Abuja

    The third, marked: CA/PEPC/003/2019 was filed by the Coalition for Change (C4C) and Geff Ojinika, who claimed to be the party’s presidential candidate.

    The fourth petition, marked: CA/PEPC/004/2019, was filed on March 19 this year by the People’s Democratic Movement (PDM) and Pastor Aminchi Habu, listed as the party’s presidential candidate.

    The figures made available by the Court of Appeal’s spokesperson, Mrs. Sa’adatu Musa Kachalla, revelead that a total of 54 petitions have been filed for the governorship elections, while 205 petitions have so far been filed in relation to the senatorial elections.

    For the House of Representatives, 101 petitions have been filed across the country.

    The Court of Appeal had, on April 4, 2019, put the number of petitions filed at 736, implying that additional 30 had been filed between April 4 and April 16, 2019, according to Mrs. Kachalla.

  • Post-election litigation: Bulkachuwa warns tribunal judges against misconduct

    The President of the Court of Appeal, Justice Zainab Bulkachuwa has warned judges nominated to serve in the various election tribunals to desist from act amounting to misconduct.

    Justice Bulkachuwa threatened not to spare any tribunal member who abuses his/her office and is found wanting in the course of carrying out his/her assigned responsibilities.

    She spoke in Abuja at the opening session of an induction for Justices of the Court of appeal, chairmen and members of election petition tribunals. She said every member of the tribunal shall be closely monitored.

    Justice Bulkachuwa said: “The Judiciary has been a major role player in the sustenance of democracy in Nigeria by adjudicating in all cases that arise from pre-election as well as post-election activities.

    “By the end of this week, we will all be in our various states for the tribunals and the appeals that will follow suit by the aggrieved parties. I need not remind you that the assignment ahead of you is enormous and due diligence and professionalism is expected from each and every one of you.

    “Always be law-abiding and do not allow yourselves to be stirred by emotions, fear or sentiments. You are expected to be in charge of your courts.

    “The Judiciary is in the lime light and as Judicial officers we should discharge the responsibilities reposed on us both individually and collectively by dispensing justice in accordance with the law without fear or favour, affection or ilI-will within the dictates of our conscience and oath of office.

    “Let me remind you that in an Election Petition Tribunal, time is of the essence, I therefore urge you to desist from granting frivolous adjournments and also discourage the practice of employing undue technicalities or any act capable of causing delay in the dispensation of petitions before you.

    “Like I have said before, each and every one of you will be closely monitored by my office and I will not hesitate to descend on any Judge found wanting in the discharge of his or her duties.

    Read also: Presidency spanks PDP for threatening to stop Buhari

    “By the end of this induction training, you will all be abreast with what is expected of you and I am sure by the time you resume your duty posts you will be ready to carry out the task assiduously.

    “Feel free to interact with your colleagues in areas that are unclear to you especially those of you that are coming to tribunals for the first time. Forums like these are meant for discussions and exchange of ideas so that by the end of the day we would have tapped from each other’s knowledge and experience, and we will be wiser and better equipped to meet the tasks ahead of us”.

  • Mind yourself, Appeal Court President warns tribunal judges

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, has warned judges nominated to serve in the various election tribunals to desist from act amounting to misconduct.

    Bulkachuwa threatened not to spare any tribunal member who abuses his/her office and is found wanting in the course of carrying out his/her assigned responsibilities.

    She spoke in Abuja at the opening session of an induction programme for Justices of the Court of Appeal, chairmen and members of election petition tribunals.

    She said every member of the tribunal shall be closely monitored.

    Bulkachuwa said: “The Judiciary has been a major role player in the sustenance of democracy in Nigeria by adjudicating in all cases that arise from pre-election as well as post-election activities.

    “By the end of this week, we will all be in our various states for the tribunals and the appeals that will follow suit by the aggrieved parties.

    “I need not remind you that the assignment ahead of you is enormous and due diligence and professionalism is expected from each and every one of you.

     “Always be law-abiding and do not allow yourselves to be stirred by emotions, fear or sentiments. You are expected to be in charge of your courts.

    “The Judiciary is in the limelight and as judicial officers, we should discharge the responsibilities reposed on us both individually and collectively by dispensing justice in accordance with the law without fear or favour, affection or ilI-will within the dictates of our conscience and oath of office.”

    She added: “Let me remind you that in an Election Petition Tribunal time is of the essence, I, therefore, urge you to desist from granting frivolous adjournments and also discourage the practice of employing undue technicalities or any act capable of causing delay in the dispensation of petitions before you.

    “Like I have said before, each and every one of you will be closely monitored by my office and I will not hesitate to descend on any Judge found wanting in the discharge of his or her duties.

    “By the end of this induction training, you will all be abreast with what is expected of you and I am sure by the time you resume your duty posts you will be ready to carry out the task assiduously.

    “Feel free to interact with your colleagues in areas that are unclear to you especially those of you that are coming to tribunals for the first time.

    “Forums like these are meant for discussions and exchange of ideas so that by the end of the day we would have tapped from each other’s knowledge and experience, and we will be wiser and better equipped to meet the tasks ahead of us”.

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

    2019: CJN urges Judges to be wary of politicians’ antics

    The Chief Justice of Nigeria( CJN ), Walter Onnoghen has asked judges to be wary of the antics of politicians to avoid being led into acts capable of ruining their reputation.

    Onnoghen noted that as the nation moves closer to its electioneering season, politicians have become desperate and would do to anything to attain power.

    He said: “Let me remind us that our salvation remains in our hands; so in the approaching frenzied political activities leading to the 2019 general elections, let us continue to watch the company we keep, the people we open our doors to lest we unwittingly open ourselves to ridicule and embarrassment as the politicians will do anything not necessarily legal, to have their way including destroying our hard earned reputation and integrity.

    “I therefore say to all of us, be strong, courageous, fair but firm. Stick to the constitutional provisions, the law and doctrine of precedents (stare – decisis) and you cannot go wrong.

    “Even when you are wrongly accused, as we very much are, be patient and remain assured that ‘truth crushed to the earth shall rise again the eternal years of God are hers.

    Onnoghen spoke in Abuja Thursday during the opening session of the Annual Justices of the Court of Appeal Conference.

    The CJN, who was silent on their names, said 14 new Justices have formally been appointed for the Court of Appeal.

    Onnoghen preached against corruption on the bench and urged judge to respect the decisions of the higher courts.

    He said: “As you may be aware, the National Judicial Council at it’s just concluded meeting, approved the elevation of 14 Judges to the Court of Appeal to fill in vacancies that had existed hitherto in the Court.

    “This will certainly help to reduce the work load for the Justices of the court, as well as help in your preparations as we approach election year in our country.

    “Your level of preparation, coupled with the determination of Mr. President, Mohammadu Buhari, GCFR to bequeath to Nigeria a legacy of credible election process, will guarantee the peace and stability we all desire.

    “The fight against corruption must be holistic. Consequently, we must address those issues that tend to distract the Judicial Officer, as well as removing from our midst, undesirable persons of questionable character.

    “It is my firm believes that if we identify and remove them at the lower courts, the appellate courts would have men of integrity, which in turn elicits confidence in the litigants who come before you.

    “I urge you to change your attitude towards your obligation to stare decisis. The benefits are far-reaching and far out-weigh the few and feeble disadvantages.

    “On Judicial precedents as it relates to election and pre-election matters, I want to remind us that the Supreme Court has decided in a number of cases that the principles of Judicial review such as Mandamus, Certiorari, Prohibition etc do not apply because election and election related matters, such as pre-election causes are suis generis.

    “There is an emerging trend whereby a party in a pre-election or election matter, after exhausting his remedies sometimes up to the Supreme Court still pursues a parallel cause of action under the guise of judicial review hoping that one of such parallel actions may succeed, thereby making the court to contradict itself resulting in great embarrassment to the system.

    “Much injustice is thereby created particularly in matters that may not get to the Supreme Court for correction.

    “Where, however, the matter gets to the Supreme Court and the right thing is done, much injustice would have been occasioned by not following the principles of stare decisis.

    “I am saying these because soon the tempo of political activities will pick up and some lawyers will stop at nothing in their effort to outsmart the Bench; so be very very careful and as I have always said, be on top of your game by mastering the principles of laws and facts relevant to the case or issues involved in the dispute so as not to allow legal practitioners to mislead you to the embarrassment of the Judiciary.

    “Always be consistent by following the principles of stare decisis and the law. If you stick to this simple piece of advice, you will not go wrong in your determinations/decisions,” Onnoghen said.

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, who also confirmed the appointment of new Justices for her court, said those appointed were solely on merit.

    She said: “I would also like to seize this opportunity to straighten the fact on the ongoing process of elevation of Judges to the Court of Appeal.

    “It is strictly based on merit with particular preference for Judges who have distinguished themselves by the quality of their judgements in the lower courts and to fill in vacancies created by the death, retirement or elevation to the Supreme Court of our former justices.”

    Bulkachuwa, who spoke about the many innovations to be introduced into the court’s operations in the New Year, urged Justices of the court to shun corruption.

    She said: “Sometimes back, the Judiciary came under heavy attacks on allegation of corrupt practices.

    “As judicial officers, it is not enough to simply talk about corrupt practices but one must believe in the fight against corruption and we must work at it together.

    “I therefore, urge us all to eschew corruption and uphold best practices that will rekindle and bring back trust to the judicial arm of government.

    “Let’s not ask how corruption can be tackled; our main focus should be on what we can do as individuals, or collectively as a body to address this plague,” Bulkachuwa said.

  • Bulkachuwa, Malami, Ojo, others seek enhanced ADR use in dispute settlement

    Bulkachuwa, Malami, Ojo, others seek enhanced ADR use in dispute settlement

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN), a former AGF, Bayo Ojo (SAN) and others have called for enhanced application of alternative dispute resolution mechanisms (ADR) in dispute resolution.

    They argued that prompt resolution of business disputes through ADR will not only  serve as a lure to foreign direct investments, it will enhance the success of government’s policy aimed at ensuring ease of doing business in the country.

    Bulkachuwa, Malami, Ojo spoke in Abuja Tuesday at the opening session of the Biannual African Arbitration Roundtable put together by the International Centre for Arbitration and Mediation Abuja (ICAMA).

    The event has as its theme: “Growing and sustaining domestic arbitration and ADR in Nigeria.”

    Other speakers, including the President of the National Industrial Court, Babatunde Adejumo, Chairman Senate Committee on Justice, Human Rights and Legal Services, David Umar and Chairman, House of Representatives Committee on Justice, Razaq Atunwa held similar view.

    Bulkachuwa noted that it was time African development its ADR capacity, including providing skilled hands to drive the process in view of the increasing numbers of arbitration cases involving Africans and African businesses.

    She urged that Africans should put behind them the era when arbitral disputes were exported to other continents for settlement.

    Bulkachuwa disclosed that her court would, by the end of the year commission its ADR centres in Abuja, Lagos and two other divisions as a way of activating the provision of Order 16 of the Court of Appeal Rules 2016.

    She said under the arrangement termed: Court of Appeal Arbitration Process (CAAP), where the ADR mechanism pursued under the Court of Appeal Rules 2016 succeeds; the court shall adopt the agreement reached by parties as judgment of the court. But where it fails, the appeal shall be subjected to the normal procedure.

    Malami said the Nigerian government was aware the the existence of effective dispute resolution mechanism was key to attracting investment and was willing to work with all stakeholders in the public and private sectors to ensure that disputes were resolved timeously.

    He said: “We shall also continue to collaborate with the Judiciary, which has a key role to play in ensuring the overall efficacy of dispute resolution mechanisms in the country, including a ADR.”

    Malami, who praised Ojo and ICAMA for working to promote ADR practice in the country, urged that gathering to dwell on ways in which arbitration and mediation could better serve the nation’s economy as a tool for timeous resolution of commercial investment disputes.

    Ojo, who is ICAMA Chairman, said it was now imperative that African countries seeking to attract foreign direct investments must first in place a conducive business environment, a key factor of which it means of prompt dispute resolution.

    He expressed delight that the Nigerian government was working in that direction with its current initiative on the ease of doing business.

    Ojo said the ICAMA roundtable was intended as a platform to engage the diverse perspectives and experiences of arbitrators and other stakeholders in addressing existing challenges in prompt dispute resolution in the continent.

    The former AGF, who noted that arbitration was fast becoming the preferred mechanism for oiling the wheel of economic growth, said there was the urgent need to reverse the practice where arbitral dispute were exported by evolving ways of growing and sustaining domestic arbitration in Africa.

    Adejumo said it was impossible for any nation to grow and attract investments where disputes are not resolved within the shortest possible time.

    He attributed the slow growth of ADR practice in the continent to lawyers’ fear that they would earn less, but noted that the legal practitioners would actually earn more where disputes are promptly resolved and not held down in the process of litigation.

    Umar, who assured that the Senate would do all within its powers to encourage arbitration practice in the country, said the upper legislative chamber was working to endure that when passed, the Bill for the amendment of the extant arbitration law will meet the expectation of all.

    Atunwa, who was represented by a member of the House of Representatives, Igariwe Iduma Enwo, notee that in Nigeria, like any other African countries, the future in settling business disputes now lies in arbitration and other alternative dispute resolution mechanisms.

    This, he said, results from the fact that the conventional recourse to courts could  be too slow, cumbersome and prohibitive in cost.

    He expressed delight that the growing adoption of acceptance of arbitration and other alternative dispute settlement options in the continent has reduced the earlier practice where Africans patronise foreign ADR centres.

    Other speakers included the Director, Chartered Institute of Arbitrators, London, Anthony Abrahams and the President, Chartered Institute of Arbitrators, London, Professor Nayla Comair-Obeid.

  • My most critical moment as Chief Judge – Justice Auta

    My most critical moment as Chief Judge – Justice Auta

    …CJN, Gov Shetima, Senator Ndume, others hail ex-Federal High Court Chief Judge

     

    The immediate past Chief Judge of the Federal High Court (FHC), Justice Ibrahim Auta has taken a retrospective look at his over six-year tenure and recalled his most critical period while in office.

    Auta said the period preceding the 2015 general elections was the most critical in his career, because he was worried about the negative consequences of a decision by any judge of the court on the electoral process.

    He spoke in Abuja on Sunday at a dinner held in his honour by members of the Southern Borno Community in Abuja. Justice Auta, who hailed from Southern Borno, retired last month on attaining the mandatory retirement age of 65 years.

    Justice Auta said: “my critical moment was the 2015 election. When it came, I said, God help me. Because, as the Chief Judge of the Federal High Court, there are divisions of the court in all the 36 states, with about 80 judges and I am here in Abuja.

    “A judge may do something in Bayelsa, in Sokoto or in Maiduguri; they will say the Chief Judge is aware. But I have no way of knowing what all the judges are doing, but the buck stops on my table. When 2015 came, they started with the registration of parties. That was when I started seeing the danger line.

    “I prayed to God to give me the wisdom to steer the ship of the court so that we will go through this election period without any bloodshed, which will be attributable to any action of the Federal High Court.

    “Then suddenly, the cases started coming out, asking for the disqualification of this, the disqualification of that. And I know then that if we had disqualified anybody there would be bloodshed, serious bloodshed, because parties would not take it

    “And we made up our mind to see that to see that we did not disqualify anybody, and 2015 came and passed without any hiccups. God did it for us, and I am always thanking God for that.  We had a successful election without any blame put on the Federal High Court.

    “I remember that around that time, one of the foreign embassies said Nigeria was going to disintegrate in 2015. They said it would be as a result of judgments or rulings that would come from the Federal High Court, but we vindicated ourselves.

    “It is God, and not by our wisdom. That was my most challenging period. And God saw us through. I give God the glory. I also thank my colleagues for their support, because if they did not cooperate with me, we would not have been successful.

    “So, I give kudos to the judges of the Federal High Court for seeing Nigeria through. And now, we have a government in place in the country,” Justice Auta said.

    Other speakers at the event, including Borno State Governor, Kashim Shetima, Chief Justice of Nigeria (CJN), Justice Walter Onnoghen and Senator Mohammed Ndume, extolled Justice Auta’s virtues, with many describing him among others, as a courageous man, who sticks to the truth no matter whose ox is gored.

    Represented by a Supreme Court Justice, Justice Clara Bata-Ogunbiyi, Justice Onnoghen said: “Justice Auta is truly a Nigerian; a man of courage, a man of character and a man that is fearless. No matter whose ox is gored, my lord will always stand by the truth.”

    The CJN said the Judiciary was already missing Justice Auta’s contributions, but added that the retired jurist deserved a befitting rest having worked tirelessly for the country.

    Borno State Governor, Kashim Shetima described him as a worthy son of the state, who discharged his responsibilities diligently and devoted his working life to the development of the nation’s Judiciary.

    Represented by the state’s Deputy Governor, Usman Durkwa, Shetima said: “Justice Ibrahim Auta is a man of uncommon integrity. We congratulate him for a meritorious service to his fatherland and wish him a happy retirement. The people and government of Borno are proud of you.”

    A member of the event’s organising committee and serving Senator, representing Borno South Senatorial District, Senator Mohammed Ali Ndume said the event was to celebrate a worthy indigene of Borno State, who is a mentor to most of indigenes of the state.

    Ndume said: “Justice Auta is a true rare model to us. He encouraged most of us in various fields, and was instrumental to what many of us are today. You are a symbol of what we are and you have actually set a benchmark for us.

    The Chairman, of the event’s organising committee, Ambassador Dauda Danladi, equally hailed Justice Auta, who he noted, put in almost 40 years of glorious and impeccable service to the nation.

    Danladi said: “At a time when public officers are faced with great challenges and temptation, I could rightly be said that it is easy for the camel to pass through the eye of a needle that for a public servant to retire peacefully and unblemished.

    “We are therefore proud to say that Justice Ibrahim Ndahi Auta has retired with his integrity intact, untainted and incorruptible. Throughout his glorious career as a jurist, he is known for his incisive, bold legal mind, forthrightness and for dispensing justice without any fear or favour, affection or ill will,” Danladi said.

    Also at the well-attended event were the President of the Court of Appeal, Justice Zainab Bulkachuwa, Justice Binta Nyako (of the Federal High Court), suspended Secretary to the Government of the Federation (SGF), Babachir Lawal and President of the Nigerian Labour Congress (NLC), Ayuba Wabba.

     

  • Appeal Court President to youths: better days are ahead

    Appeal Court President to youths: better days are ahead

    The President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa, has advised youths to desist from indecent conduct and learn to be morally upright in their dealings.

    She urged the youths not to despair because of the prevailing economic challenges because better days are ahead.

    Justice Bulkachuwa spoke in Abuja while receiving some members of the Northern Youths Council (NYC), who were in her office to honour her with the Sir Ahmadu Bello Sardauna Platinum Excellence Leadership Award.

    The PCA, while extolling the virtues of the late Premier of Northern Nigeria, said Sir Ahmadu Bello was a true statesman, who made education a top priority during his time.

    Bulkachuwa said despite his busy schedule, Sir Ahmadu Bello visited schools on inspection tour to have first-hand information on their academic performance, during which he would sometimes, personally, teach the pupils.

    Highpoint of the Northern Youth Council’s visit was the investiture on Justice Zainab Adamu Bulkachuwa to its Hall of Fame as life member, for which she was presented with a plaque and a gold medal.

    Making the presentation, NYC’s Vice President, Comrade Faruk Mohammed said, to Nigerian youths, Justice Bulkachuwa was not just a mentor, but a personality blessed with integrity and unique hallmark which define her exceptional leadership role towards nation building.

    Mohammed said: “At a time when Nigerian youths are facing near relegation from the nation’s scheme of affairs, Justice Bulkachuwa has continued to exhibit friendly disposition and humane care to whoever comes her way.”

    He said the NYC intends to donate relief materials to the internally displaced peoples’ camp in North East Nigeria, so as to bring back hope to the people of the region, who have been devastated and impoverished by the recent spate of violence perpetrated by the deadly Boko Haram group.

    Mohammed said the Sir Ahmadu Bello Platinum Leadership Award was conceived by the NYC to honour worthy Nigerians, who have positively impacted on the lives of the citizenry and in a way, encourage them to do more.

    The Presiding Justice (PJ) of the Abuja division of the Court of Appeal, Justice Abdu Aboki, who also witnessed the event, commended members of the NYC for choosing Justice Bulkachuwa for the award.

  • Not all judges are corrupt -Justice Abdullahi

    Not all judges are corrupt -Justice Abdullahi

    The former President, Court of Appeal, Justice Umaru Abdullahi, on Saturday said that not all Nigerian Judges were corrupt.

    Abdullahi made the remark during a public presentation of the journal on Private and Comparative Law, organised in his honour by the Faculty of Law, Ahmadu Bello University, Zaria.

    According to him, the Nigerian judiciary has come of age as a very solid institution.

    He said that in any human society, there must be good, bad and worst elements.

    “So, the judiciary is a human and Nigerian institution.

    “Therefore, it is not surprising that some few judicial officers are been picked up for going out of their parameters of the judicial function.’’

    He said the judiciary had been delivering services to the continuity of the country and was in the forefront in providing solutions to some of the problems facing the country.

    “We are not disputing the fact that there is no bad element in the judiciary, but not all in the system are bad.

    “If you compare the number of the bad ones, the good ones outnumber the bad ones.’’

    Abdullahi, therefore, said it was unfair to condemn the judiciary because of the few bad ones, as there is no sector in Nigeria that was insulated from corruption,

    He, however, said, “There is the machinery the government can use effectively to flush out bad elements in the judiciary.”

    Abdullahi added that the government also has the machinery to ensure that only credible persons were appointed as judges.

    Meanwhile, the President, Court of Appeal, Justice Zainab Bulkachuwa, said the judiciary had been trying its best in the fight against corruption.

    Bulkachuwa said the judiciary has a standard of measuring judges.

    “We have our code of conduct the judicial officer is expected to abide with, If you see anything different from our code of conduct, that officer would have gone astray.

    “If you go strictly by the code of conduct you can’t go wrong; So, we are committed to the fight against corruption,’’ she said.