A Rivers State All Progressives Congress (APC) chieftain, Senator Magnus Abe, has said Saturday’s nullification of Governor Nyesom Wike’s election at the tribunal is a justification for the party’s struggle and its vindication for seeking justice.
In a statement yesterday in Port Harcourt, the state capital, by his media aide, Mr Parry Saroh Benson, the senator said: “We have always maintained our confidence that there are judges in Nigeria who will deliver justice to Rivers people. This has come to pass.”
Abe said the tribunal’s verdict showed that truth would always prevail, despite the suppression by the opposition.
The senator urged well-meaning residents, especially APC supporters, to remain steadfast for the party’s victory.
He also assured that APC supporters would be able to vote in the rerun and their votes would count, unlike what happened in the March 28 and April 11 elections, when they were denied their rights to vote for their candidates.
But the lawmaker representing Degema in the Rivers State House of Assembly, Dr. Farah Dagogo, described the tribunal’s judgement as a miscarriage of justice.
Dagogo expressed optimism that the Court of Appeal would correct what he called the wrongs of the tribunal.
The lawmaker said the judgment negated the wishes of Rivers residents, who he said massively voted for the Peoples Democratic Party (PDP) and Wike.
He urged the people to remain calm and go about their lawful businesses, adding that the government would explore legal means to redress the tribunal’s verdict.
In a statement yesterday in Port Harcourt, Dagogo noted that majority of lawyers and public commentators considered the judgment to be strange in law.
He said: “I can assure you that we will appeal this strange and obvious miscarriage of justice. We believe the Appeal Court will correct the wrongs of the election tribunal.”
Three years ago, four undergraduates of the University of Port Harcourt (UNIPORT) were murdered in the most cruel and inhumane form by members of the Aluu community.
Tekena, Ugo, Chidiaka and Lloyd were young men with dreams and high hopes, despite the harsh conditions of the society. Although various versions of what led to their death have been told, the most commonly told story is that they went in the company of one ‘tough guy’ on campus to challenge a member of the Aluu community to forcefully get a certain amount of cash owed Ugo by the community member in the mid-night. Unfortunately, things went sour and they got involved in an argument with the villagers. Before a clear definition of their mission to the village could be established, they were pounced on and beaten thoroughly, after they were accused of coming to steal. They were beaten, battered and burnt to death by members of the Aluu community.
Three years after, nothing has been done about the issue. Like most cases in Nigeria, it has been dragged back and forth and at the moment most people don’t know when justice will be done. The world seems to have forgotten about #Aluu4, but their families and friends will never get the matter off their minds forever. A female friend of Ugo said ’05/10/2012 left a scar in my heart’. Now the question remains, when will justice be done concerning this issue? How can a better relationship between university communities and students be fostered? How can we prevent a future occurrence? The National Association of Nigerians Students (NANS) should wake up and be alive to their responsibilities rather than continue with collecting peanuts from politicians and carrying banners filled with mis-spelt words on the streets as worshippers of dented personalities. The new government should dig deep into this issue and several other academic problems as we can’t afford more decadence to the already decaying education sector.
Over 500 casual workers of the Ibadan zonal headquarters of the defunct Power Holding Company of Nigeria (PHCN) have appealed to the Federal Government to pay them salary arrears owed them. They also expressed their disappointment over alleged comments by the Permanent Secretary, Federal Ministry of Power, Ambassador Godknows Igali concerning their status.
Ambassador Igali had told the Senate Committee on Power that those claiming to be casual workers of the defunct PHCN “are mere personal staff with no evidence to back up their appointments”.
He reportedly told the committee that there was no way they would be paid by government because their appointments were not regularised.
At a press conference held in Oyo town, Oyo State, the casual workers described Igali’s comment as “far from the truth”.
They described Igali’s position on their plight as “wicked and unreasonable”.
The more than 500 casual workers are from 22 districts of the zone; comprising Oyo, Ogun, Osun and part of Jebba in Kwara State.
The press conference was addressed by their president, Comrade Rasheed Olawunmi.
He urged the Senate Committee to disregard Igali’s position “because it was a lie”.
To him, contrary to Igali’s position, a meeting was held on October 31, 2013 between officials of the Federal Government and representatives of labour unions, including National Union of Electricity Employees (NUEE) to resolve outstanding labour issues ahead of handover of assets of the PHCN to private owners.
“At the meeting attended by the Permanent Secretary, Federal Ministry of Power, it was unanimously agreed, among others, that a total of 2,500 were casual workers within the PHCN system nation-wide. This figure was identified by the Presidential Committee set up by the last administration. Not only that, the meeting also resolved that the issue of unclear casuals should be treated on compassionate basis,” he said.
Olawunmi further said that when the list of verified casual workers was eventually released to zonal headquarters for payment and regularisation, Ibadan zone alone had a total of 1,000 casual workers.
“But rather than comply with government’s directive, the then Chief Executive Officer of Ibadan zonal headquarters deliberately hand-picked only 500 names out of the 1,000 sent to him by the government for payment and regularisation of appointments. 500 casual workers are yet to receive their entitlements. All complaints and protests in this regard yielded no result.
“We were employed like every other employee in the company and placed on contract and casual basis. We were issued with appointment letters backed up with the promise of being regularised some day. We were interviewed in 2009, biometrically captured in 2011 and verified in 2012. Some of us were issued letters of regularisation of employment in April, 2012. The then management admitted to have omitted several names which it attributed to the delay in the release of the remaining letters. The error, as admitted by the then management, had not been rectified till today.
“What is more worrisome and disturbing is the denial of the Permanent Secretary before the Senate Committee that there were no identified casual workers entitled to any payments or benefits. The Permanent Secretary was a signatory to the communiqué issued at the end of the meeting two years ago.
“We, the concerned casual workers, were at the two chambers of the National Assembly before their expiration sometime last year to ventilate our displeasure over the unjust treatment meted out to us,” he said.
He revealed that since they began the agitation, no fewer than 15 of their members had died of various ailments due to inability to afford costs of treatments.
Olawunmi, therefore, appealed to the Senate Committee to ensure that the casual workers receive their entitlements.
In my career as a journalist, I have had to interface with all manners of newsmakers, particularly in the judiciary, my preferred area of interest. It was in pursuit of this self-inflicted pastime of reporting from the hallowed bowels of the courts, where lawyers slug it out to resolve the mystery of legal cases or at workshops, seminars or other learned conferences where they dig deep into the foundation, practice and interpretation of the Law, that I met Hon. Justice Abdulkadir Abubakar Jega, the immediate past Presiding Justice of the Abuja Division of the Court of Appeal.
The erudite jurist was one of the numerous victims of the calamitous and unfortunate stampede that claimed many lives during the recently concluded 2015 annual hajj pilgrimage in Saudi Arabia.
I met Jega, who was dubbed NADECO judge, on account of his no-nonsense posture, during his stint as the Judge at the Federal High Court, Fate Road, Ilorin, beginning from 1993.
A cord of acquaintance was soon struck between Justice Jega and myself as with others like Kayode Abdul wahab of Thisday newspaper, Biodun Awani of the Daily Times and Emma Okere of Radio Nigeria as well as Tunde Oyekola of the Nigerian Tribune.
Let me recall the case of Panat Nigeria Ltd Vs Kwara State Government, its Attorney-General and others. Not a judge given to frivolities, there was this particular sitting when the upright, downright and forthright Judge gave a ruling against the state government and some of its principal agents in very strong words on account of the way the sale of then Kwara State Feedmill (which was bought by Panat Nigeria Ltd) was handled and the case prosecuted.
Of course, this writer reported the proceedings as contemporaneously and as detailed as possible the following morning, a development which led to his being invited by the Kwara State Command of the Nigeria Police, for allegedly reporting what was not contained in the record books of the court presided over by Jega.
The former NBA President and Attorney-General of the bigger Ondo State, Chief Wole Olanipekun, SAN, former Osun State Attorney-General, Chief Adegboyega Awomolo, SAN and Jimoh Lambo Akanbi, Esq, as he then was (Akanbi has since been invited to the Federal High Court where he has being holding sway in the last decade or so) as well as Tunde Olomu, Esq, then a State Counsel with the Kwara State Ministry of Justice, who participated in this prosecution of this case, would remember this very vividly.
Following this ruling, which the state government considered harsh and unbecoming of a Judicial Officer, it found a way of hitting back at Jega: pronto, his Police Orderly was withdrawn. As early as 7.50 am the following day, the largely unruffled Jega called me (may he never call me again.) and asked about my whereabouts. I told him I was already in my office, some 10-minute drive to his court.
He immediately “issued a subpoena” for me to come to his court before his 9.00 o’clock customary sitting time which he observed without fail. On getting there, the first thing I noticed was that his Police Orderly was not with him and I asked why to which he quipped: “Your people have withdrawn him, but I can assure you that will not prevent me from sitting.”
Because of the sterling qualities inherent in him, the dandy and sartorial Jurist was soon elevated to the Court of Appeal Bench where he rose rapidly to become the Presiding Justice of the Abuja Division of the Court of Appeal until his demise in faraway Saudi Arabia recently.
That was the stuff this Kebbi prince was made of. He was a quintessential judge who adorned his Bench with proven integrity, industry, character and learning as well as honour. He approached his job with humility and reverence, and if one may borrow the lingo of the law, he did justice to all who bow before the throne, without fear or favour, affection or ill-will.
Painful as his death is, one is persuaded by the fact that the renowned Jurist and defender of the lowly and the oppressed lived a most fulfilled life fighting for the emancipation of the down-trodden, characteristic of the Jega dynasty, thereby leaving his giant steps on the sand of Judicial times.
His sterling and robust contributions to the Judiciary and the administration of Justice will remain in the psyche of many as they will be written in indelible ink. While wishing the departed Jurist a most-deserved rest, I pray that God will grant the Judiciary, his primary constituency, the people of Kebbi Sate and the entire Jega dynasty the grace and the equanimity to bear the irreparable loss.
For two days last week, the United Nations Office on Drugs and Crime (UNODC) brought together judges, magistrates and journalists to examine salient provisions of the Administration of Criminal Justice Act (ACJ) 2015. Eric Ikhilae reports.
The challenge of delay in justice administration and how to effectively address it engaged legal experts for two days last week in Kaduna.
Several brain-storming sessions saw participants examine some hypothetical cases of corruption, rape and human trafficking.
They explored how to deal with them by applying the innovative provisions of the Administration of Criminal Justice Act (ACJA) 20015.
It was agreed that the effective application of the Act will curb delays in criminal trials.
The event had the theme: Orientation workshop on the ACJA 2015 for judges and magistrates.
Judges and magistrates from the Judiciary of the Federal Capital Territory (FCT) and private legal experts both from private practice and the academics were present.
The event, which held between September 28 and 29, was organised by the United Nations Office on Drugs and Crime (UNODC), with funding from the European Union (EU).
Participants were taken through the various provisions of the ACJA, beginning with an overview of the Act, which Prof. Yemi Akinseye George (SAN) of the Centre for Socio-Legal Studies, Abuja. Other issues examined under the Act included arrest, detention and bail; protective measure for vulnerable witnesses and victims; plea bargaining and plea generally; restitution and forfeiture of proceedings; regulation and management of non-custodial punishment, and sentencing consideration.
Addressing participants, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed noted that the ACJ Act is the culmination of the long held desire to improve upon 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 contained in its Section 1, include to promote efficient management of criminal justice institutions, provide of 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, while stressing the various beautiful provisions in the Act,” Justice Mohammed said.
The CJN, who was represented by Justice Ibrahim Tanko 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.
“Another important innovation, which I shall only mention, is plea bargaining. Suffice it to say that you must be very careful. And I repeat, you must be very careful in accepting a plea bargain agreement that is before you and ensure that its use is indeed judicious and not malicious.
“Similarly, I call on you all to be aware of the provision of other alternatives to custodial sentences, which will assist in ensuring that justice is done, with a human face and in consideration of the capacity of our prisons to cope with incarcerated persons,” he said.
The National Judicial Commission (NJC) in April 2013 suspended Justice Abubakar Mahmud Talba of the FCT High Court for one year on the ground that he wrongly exercised his discretion in deciding a plea-bargained case.
The NJC, in its decision said Justice Talba “did not exercise his discretion judicially and judiciously with regard to the sentences he passed on one of the accused persons, Mr. John Yakubu Yusuf in the Police Pension case of FRN vs Esai Dangabar and five others.”
Justice Talba had, in his judgment in the case, awarded a fine of N750,000 as fine against Yusuf, who pleaded guilty to the theft of over N23billion. Justice Talba, who has since resumed duties, was listed, in the programme of event, as a discussant and participant at the workshop.
The Chief Judge of the High Court of the FCT, Justice Ishaq Bello, the President of the Customary Court of Appeal of the FCT, Justice Moses Bello and the Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS), Prof Adedeji Adekunle, commended the various innovative provisions contained in the ACJA 2015.
They were confident that the law, when properly applied, was capable of revolutionising the nation’s criminal justice system and eliminate the current delay associated with criminal trials.
The FCT High Court CJ said the workshop was intended to help judges, magistrates and other players within the criminal justice system understand the ACJA with a view to ensuring the effective operations of the system.
Justice Bello proceeded to highlight some major flaws in the Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC), which were in use before the introduction of the ACJA.
“Both laws (CPA and CPC) were consistently applied for years during which period, no significant improvements were made to them. The obvious consequence of the application of these archaic legislations, which unfortunately, is still being applied by some states, was that the criminal justice system, overtime, lost its capacity to respond quickly to the changing needs of society.
He noted that the convoluted and intricate nature of procedures under the old laws made it difficult to check the rising waves of crime and incapable of speedily brining criminals to justice. He further noted that the under the old laws, while the state got justice from the conviction of an accused, the special needs of the victim was hardly a concern of our system, thereby negating the trilogy of the justice highway traffic.
“Equally bad was the fact that the provisions of the old laws were manipulated by prosecutorial agencies to their advantage and to the obvious disadvantage of accused person, who were incarcerated for inordinately lengthy period without trial in direct opposition to international best practices, recognized for the guarantee of rights and protection of fundamental freedoms,” Justice Bello said.
The President of the Customary Court of Appeal, who was represented by his Senior Special Assistant (Legal) Gabriel Maha, said the ACJA will help eliminate the lacuna that existed in the former criminal justice legislations, which constituted major challenges to the effectiveness of the criminal justice system.
He noted that perhaps, the most novel provision which every legal practitioner and even the courts should applaud is the provisions of Section 15(4) of the Act, which makes electronic recording as an option in obtaining a suspect’s statement.
“When this is put into practice, it shall take away the problem of a trial-within-trial, which is one of the main reasons for delays in criminal justice administration in the courts. Commendable as this Act may be, it can only be appreciated especially by the lay men, when it is properly administered by the courts.
“It is on this basis that I welcome the idea of this workshop as indeed, an ingenious innovation to simplify, synchronise and put every judge and magistrate of the FCT on the sure pedestal for the benefit of Nigerians,” the President of the Customary Court of Appeal said.
Representative of the UNODC, Mrs. Ugonna Ezekwem, who highlighted the various ways her organsation was working to ensure that the ACJA was well popularized, assured that the UNODC will continue to support all efforts aimed at ensuring the effective implementation of the ACJA.
Held along with the workshop for judges and magistrates, was a similar event tagged: “Media roundtable for justice sector reporters in Nigeria,” where participating journalists’ attention was drawn to their roles in ensuring the success of the ACJA.
UNODC’s Belachew Fikre, in examining “The role of the media in justice reform processes,” noted that the cooperation of the media was imperative for success of th various justice sector reform initiatives initiated and being implemented by the UNODC in 10 states across the country.
They include Anambra, Benue, Bayelsa, Cross River, Imo, Katsina, Osun, Lagos and the FCT.
Fikre explained that the justice reform initiatives of the UNODC, which is distinguishable from “judicial reform”, involve the process of overhauling the structural and operational aspects of key justice institutions through law reform, capacity development and institutionalisation of accountability mechanisms.
He said reform’s objectives include accessibility, accountability, transparency and efficiency of the justice sector institutions, which ultimately leads to good governance and the enthronement of rule of law
Fikre argued that justice sector reform, being a pillar of any democratisation process, where a free media can develop, requires that the media play a key part in raising public awareness about the successes recorded so far and advocating the adoption of similar reform initiatives at state level.
He contended that it was the responsibility of the media to ensure proper implementation of new laws and rules (like the ACJA and the recently passed Violence Against Persons Prohibition Act -VAPPA).
Fikre urged the media to assist in building institutions by emphasising implementation challenges and institutional lapses as against focusing on strong personalities.
He argued that the intended objectives were only achievable where the media embraces the resource poor, the rural majority and the female gender (who are the primary targets of the justice reform process) as partners rather than mere receivers of media content.
With the enactment of the Administration of Criminal Justice (ACJ) Act 2015, many believe the delays in dispensation of justice, especially in criminal cases, will be reduced. President Muhammadu Buhari and Vice-President Yemi Osinbanjo (SAN) have spoken on the need for more reforms. Lawyers have identified other areas that need transformation, reports Precious Igbonwelundu.
Since assuming office, President Muhammadu Buhari has repeatedly emphasised the need for judicial reforms that will aid his administration’s anti-corruption war as well as strengthen democratic governance.
The Administration of Criminal Justice Act of 2015 has addressed some problems, such as staying proceedings pending appeal, and cases starting de novo when judges are elevated to the Court ofAppeal.
Still, lawyers believe there are other areas that need reforms.
These include ensuring financial independence for the judiciary, insulating it from political manipulation, reviewing the processes of appointment and removal of judges; addressing institutional limitations and incapacities, as well as ridding the judiciary of corruption.
Speaking on areas that need reforms, a Supreme Court Justice, Kudirat Kekere-Ekun, called for an amendment of the Constitution so that some cases can terminate at the Court of Appeal.
This, in addition to more deployment of Information and Communication Technology (ICT), she said, would reduce the Supreme Court’s workload.
Justice Kekere-Ekun backed suggestions that some cases terminate at the Court of Appeal, adding that a review of the constitutional provisions governing the jurisdiction of the Supreme Court is necessary.
“I am in full support of certain classes of cases terminating at the Court of Appeal. In my humble view, the amendment of the 1999 Constitution has added to the burden of the Supreme Court.
“It made the Supreme Court the final court of appeal in respect of decisions arising from Governorship election tribunals.
“Such appeals, by virtue of Section 285 (7) of the 1999 Constitution (as amended) must be concluded within 60 days from the date of the delivery of the judgment of the Court of Appeal,” she said.
She said the provision has led to an influx of appeals and has also affected other cases pending before the court, which are already overdue for hearing, but which had to be set aside while election related appeals are heard and determined expediently.
She also called for the use of more technology in court processes.
She said: “The global village is moving at a faster pace, the apex court of the most populous nation in Africa cannot be left behind. We must embrace information technology and take advantage of all that it offers along with alternative dispute resolution mechanisms, where possible.
“A reduction of the inflow of cases and more efficient management of the court’s docket will allow the justices to devote more of their time and resources to research, study, reading, consultations among themselves for the advancement and administration of justice.”
Justice Kekere-Ekun
Justice Kekere-Ekun said for the Supreme Court to discharge its role effectively, the adoption of Information technology will allow for easy sharing of information.
She said it would also help to create a database for decided cases by all the courts and which will also be accessible by judicial officers anywhere.
In addition, she said ICT will facilitate communication between the justices, the registry and other administrative staff. According to her, the project is capital intensive and requires political will, purposeful leadership, and the commitment of substantial resources.
“It also requires training for the justices and upgrading the knowledge and skills of courts staff to enable them effectively manage the facilities.The leadership of the court is fully committed to this transformation.
“The role of the Supreme Court today should primarily be that of development of legal policy and to discharge the role effectively, its current docket has to be greatly reduced,” she said.
Worried by these challenges bedeviling the system, a former Chief Justice of Nigeria (CJN), Justice Dahiru Musdapha, during one of his presentations at the Nigerian Institute of Advanced Legal Studies (NIALS), enjoined the Judicial Reform Committee as well as other bodies which have been empanelled, to explore how best to fortify the independence of the judiciary, and insulate Judges from political manipulation.
Justice Musdapha considered several issues, such as Should serving Judges should continue to undertake ad hoc assignments, such as election petition cases? What are its implications for delays in handling regular cases? Will such assignments will make them vulnerable to corrupt practices?
He said: “Sadly, the judiciary in several states still goes cap in hand to the executive for funds. By section 162(9) of the Constitution, any amount standing to the credit of the judiciary in the Federation Account is paid directly to the National Judicial Council (NJC) for disbursement to the heads of Superior Courts, including those at the state level.
“However, a significant part of the funding requirements of state judiciaries, especially in the area of the provision of infrastructure and welfare of Magistrates and other lower court Judges, remain the responsibilities of states.
“The plight of the state judiciaries is compounded by the fact that, in spite of the best efforts of the NJC, the processes of appointment and removal of judges/security of tenure is the subject of political theatrics.
“Delay in the dispensation of justice remains a major challenge due, in large measure, to institutional incapacities in the area of infrastructure (especially e-infrastructure), inbuilt delay mechanisms in the law, as well as failings on the part of some Judges, the official and private Bars, law enforcement agencies, litigants and witnesses.
“The sobering reality is that if court backlogs grow at their present rate, our children may not be able to bring a lawsuit to a conclusion within their lifetime. Legal claims might then be willed on, generation to generation like hillbilly funds; and the burden of pressing them would be contracted like a hereditary disease.”
The needed reforms
A Senior Advocate of Nigeria and Queens Counsel (QC), Mr Oba Nsugbe, said the secrecy surrounding judges appointments must be stopped.
“We need to make greater efforts to completely demystify the system of judicial appointments in Nigeria from beginning to end,” he said.
Nsugbe said he once sought to know how to go about applying to be a judge in Nigeria, and to learn about upcoming vacancies, criteria for appointment and the process, but came up with no reliable information.
He interrogated various official websites for answers, read a number of publications, and spoke to people in the judiciary, and still got no useful information on how to be a judge.
His words: “The answers never seemed complete or exhaustive. This needs to change. In so important an area, you can never have enough clear, systematic information about what each and every stage entails – exactly what is needed of the applicant, when, who will assess it; how it will be assessed; who will be spoken to; against what criteria, etc. There needs to be more transparency about the appointments procedure. The lack of it acts as a disincentive to many aspiring judges,” he said.
A judge of the Delta State High Court, Justice Roli Harriman, in paper, said only a few states, such as Lagos, has any form of electronic recording of proceedings.
Majority of courts, she said, still use archaic equipment and judges write longhand, which is later reproduced by typists. “The use of longhand and typewriters obviously tend to delay justice,” she said.
Another factor, the judge said, is that little use is made of software designed for case management and legal research. This lack of tools leads to judges adjourning till further dates rulings they could otherwise have delivered immediately. “Apart from a few states, the acquisition of this software is not on the priority list of governments,” Justice Harriman said.
Delays, the judge added, even start from the filing process. “I am hoping a time would come when e-filing will take centre stage in the judiciary, a time when lawyers can, with a registered access code, file their processes and make payments online,” she said. Besides, it will not be out of place if court registries accept Point of Sale (POS) payments.
Lack of courtroom technology, such as video conferencing, is also a challenge. In criminal cases, a greater number of adjournments are due to investigating police officers being transferred to other locations or being sent on other assignments. Some witnesses are also reluctance to come to court. “If their evidence can be taken through video conferencing, then this would eliminate the delay,” Justice Harriman said.
The physical state of some courts also does not help speedier justice delivery. Some courts do not have air conditioning, and some courtrooms are like cubicles.
While stating his agenda for judicial reforms, Musdapha noted that it was imperative to explore ways to strengthen the provisions of laws and regulations, as well as the mechanisms for their enforcement.
He suggested that the Code of Conduct for Judicial Officers should expressly forbid Judges from giving extra-judicial advice to other branches of government, just as he stated that only paragons of integrity, the best and the brightest be appointed to the bench and elevated.
The former CJN envisioned a judicial system that is simple, fast, efficient and responsive to the needs and yearnings of the citizenry, which can be actualised by full computerisation of operations.
He suggested the amendment of Section 233(2) of the Constitution to compulsorily require leave of the Supreme Court before an appeal may lie from decisions of the Court of Appeal.
“This will engender a filtering mechanism that ensures that frivolous appeals do not continue to clog our cause list and thereby cause undue delays and backlogs.
“Again, on the appointment of Judges, we are also of the respectful view that there is considerable merit in the call to diversify the pool from which judicial appointments to superior courts are made.
“We are concerned by the declining intellectual depth and overall quality of the judgments of some of our Judges as well as the frequency with which some Judges churn out conflicting decisions in respect of the same set of facts.
‘’A wider diversity of experience will undoubtedly add quality to judicial deliberation in our courts.
“We must, therefore, embark upon reforms that address not only the present problems but also rollout the infrastructure that would enable us cope with foreseeable future challenges,” he said.
However, on the Criminal Justice System, some of the suggestions the former CJN made have been included in the recently amended Administration of Criminal Justice Act.
Lawyers’ views
That notwithstanding, lawyers believe more reforms are needed in order for the judiciary to efficiently carry out its functions.
They argue that concerted efforts must be made towards decongesting the prisons and ensuring faster proceedings.
• Adekoya
Renowned legal practitioner, Mrs. Funke Adekoya (SAN), said the government needs to focus on the investigative and prosecutorial areas of the Criminal Justice System.
She said: “On a practical note, the police needs to be properly equipped with resources and trained such that they can concentrate on investigating crimes before arrests are made, rather than after.
“Proper investigation will decrease the number of Awaiting Trial Detainees, some of whom are incarcerated because they have been unable to make bail while the police are still conducting investigations.
“The police should be trained in finger printing collection and analysis. All the biometrics collected from Nigerians through the BVN exercise and the collection of passports and drivers’ licences should be centralised and the police should access it to trace criminals.
“This will further decrease the time before arrest, and between arrest and trial.
“Only lawyers, trained in the art of prosecution should be allowed to handle criminal cases, and States that have not amended their laws in line with the Administration of the Criminal Justice Act, should be encouraged to do so.
“Lawyers in the Ministry of Justice need to be trained to enable them handle the various types of prosecutions which are now a feature of our criminal justice system, rather than farming out briefs to private prosecutors.
“The government also needs to review the jurisdiction of the courts. Too many frivolous matters are reaching the Supreme Court, such that the Judges are overburdened with issues that are not ‘cutting edge’.
“The Constitution needs to be amended such that all matters except death penalty judgments should require leave from the Supreme Court before they can be appealed to that court.
“Regular appellate jurisdiction should end at the Court of Appeal. The grant of leave should be based on public interest considerations [conflicting decisions of lower courts, constitutional issues, impact on legislation etc.”
Constituional lawyer, Fred Agbaje, said emphasis should be placed on prison reforms as well as fast track in hearing and determination of criminal matters.
He suggested that custodial sentencing for convicted persons should be deemphasised, just as he explained that convicts of lesser crimes, instead of outright jail, be given social punishment such as “sweeping Ikorodu Road for two weeks during the day under the supervision of a social worker or pay a fine!”
He noted the need for a review of stringent requirements a surety must meet to stand bail for an accused, such as the demand for land certificates in Ikoyi, Lekki, Ikeja GRA to be produced by civil servants from grade seven and above.
Agbaje said no accused person should be arraigned without the prosecution witnesses in court and failure by the prosecution to conduct and conclude the case after a stated number of adjournments, should warrant it being struck out.
He also suggested the need for reduction of appeals on interlocutory decisions through the constitution.
The Chairman, National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, believes there is a need to be make the judici
•Prof. Odinkalu
ary more accountable in appointment of judicial officers, as well as in jurisprudence.
“In the last quarter of a century, the judiciary has become a sinecure, part of the retinue of patronage in public life.
“Almost invariably, the path to judicial office now begins in the civil service and appointment to the Bench is increasingly viewed as part of the promotion structure in the civil service significantly dis-entangled from any rigorous considerations of integrity, professionalism, merit, values and temperament.
“The resulting narrowness of pool of judicial skills and intellect reflects in the quality of both organisation and some of the jurisprudence that comes out of courts and imbues our judicial system with a structural flaw that can only be addressed through structural intervention. The time is ripe for this,” he said.
An Appeal Court has sacked the chairman of Njikoka Local Government Area in Anambra State but no one is enforcing the judgment, reports SEUN AKIOYE
He was a retired Nigeria Army colonel before he became a politician. So when he decided to serve the people of his constituency of Njikoka Local Government Area, he chose to contest for the council’s chairmanship. That was in 2013.
Since then, Col. Bude Okafor, also known as “Desert Fox” has been fighting a battle to reclaim the mandate he claimed was stolen from him by his party the All Progressive Grand Alliance (APGA) and its collaborators.
The story of his battle to reclaim the mandate is one long labyrinth of court injunctions and protracted legal battle. This later resulted in a judgment by the Court of Appeal in the Enugu Judicial Division which gave an order declaring Okafor as the winner of the chairmanship seat of Njikoka Local Government Area. That was on July 28, 2015. But rather than bring a closure to this long and tiring legal battle, it has opened another floodgate of injunctions. And this was when the troubles of Okafor really began.
An inconclusive election
The primary election to select the flag bearer of the APGA for the Njikoka local government chairmanship election was held on August 17, 2013. According to the documents made available to The Nation, five candidates bought forms and submitted at the appropriate date and they include one Mr. Emeka Onuora. According to court documents, it was on the election day that one Mr. Tony Nwazojie, who allegedly did not purchase the forms surfaced and presented himself as a candidate for the primary election.
Despite the reported protest of Okafor, Nwazojie participated in the primary and was declared winner with a total of 324 votes and Okafor who came second polled a total of 77 votes. But that was where sanity ended. After the primary, one of the contestants, Onuora, who allegedly polled no vote, was declared winner and the flag bearer of the APGA in the local government election.
Before the election, Okafor who spoke to The Nation said he instituted a court action against the candidate and the leadership of the party on January 9, 2014 at the State High Court, seeking an order to restrain Onuora from presenting himself as the candidate for the APGA for the Njikoka local government election. But the election held and Onuora was declared winner and subsequently sworn in as the elected chairman of Njikoka local government.
The election held on January 11, 2014 and Okafor lost his case. The Hon. Justice H.O Ozor, sitting at the High Court of Anambra State on October 8, 2014 in the Suit N0 A/9/2014 ruled that the suit was academic and hypothetical because election had been held and the defendant sworn in.
But Okafor would not give up and proceeded to the Appeal Court in case number: CA/E/640/2014 where he asked for a determination “Whether the Hon. Trial court was right in dismissing this pre-election suit which was filed before the election on the ground that it is academic and hypothetical, because the election had been held and the 3rd defendant sworn in after the election.”
The Appeal Court saw reason in Okafor’s argument, upheld the appeal and set aside the High Court judgment; the Court also gave a landmark judgment on July 28, 2015, by declaring Okafor winner of the chairmanship seat. The judgment reads: “That the Appellant Col. Bude Nnakee Okafor (RTD) is hereby declared winner of the Chairmanship seat, as candidate under the APGA of the Njikoka Local Government election of 11th January, 2014, having satisfied the provisions of Section 87 (5) of the Electoral Act 2010 (as amended) and Section 141 of the Electoral Act 2010 (as amended) and Article 24 (6) of the APGA constitution.”
The Appeal Court also granted the sum of N50, 000 in costs in favour of Okafor.
Passing the buck
But the Appeal Court ruling did not give the desired respite to Okafor as he has been battling for the enforcement of the judgment. According to his counsel, Emmanuel Ezeugo, the Attorney General of the state, Anali Chude was duly served with the court order but he did nothing about it. “He was served with the judgment of the Appeal Court and also the order and I requested for arrangement to swear in my client but after all that he kept quiet. He is the legal officer of the state and he is the one that can enforce it,” Ezeugo said.
However, when contacted, the Attorney General said the Ministry of Justice does not enforce judgments. “The Ministry of Justice does not enforce judgments. I am sure the appropriate quarters saddled with the responsibility will tell you why,” he said.
Also the chairman of the APGA in Anambra State, Chief Norbert Obi told The Nation that the party never received the court orders but declined to say if the party would respect the order if received.
“ The party has no such court order per se, we have no information to that effect, we were not served the judgment in our office,” Obi said.
Also the National Chairman of APGA, Dr. Victor Ike Oye in a message to The Nation could not comment on the matter, saying there is an appeal on the case. With those who could enforce the judgment passing the buck, it left many questions begging for answers.
What is the role of the governor,Willie Obiano in the unfolding saga? Is it true that the Attorney General was ordered “from above” not to obey the court injunction? Why is the Party not wading in to resolve the imbroglio?
Ezeugo said a contempt motion has been slammed on the state Attorney General. “We filed a motion at the court of appeal for contempt to try the Attorney General, let him show cause why he should not be committed to prison for disobeying the court order. The court removed the chairman of the Local government and declared Col. Okafor as the winner of the election and by that judgment, my client should have been sworn in since July,” he concluded.
Rather than declining, jungle justice is on the increase in our society. A piece of mine was published a few months back on this topic, but it’s rather saddening that the menace is getting recognized more and more and has become a better way to pay back a culprit.
This menace has gained a comfortable ground in the Southwest of our country, particularly Lagos State. These days, you hardly will go by a day without coming in contact with cases of these nefarious narratives. It’s disheartening and unspeakable to see a nation with a guided constitution engaging in this mischief. I sometimes find myself asking questions like, are our security agencies incapable? Or don’t they see to cases rightly? Or are our people just hell-bent on taking justice into their own hands?
I stumbled on a post on a top leading Nigerian blog few days back, a man who should be in his early thirties was caught for an offence. Of course, the man could say nothing other than “it’s the devil’s work.” Now, is everything the devil’s work? You don’t do anything to earn a living and you want to survive. You waste your time while others invest meaningfully into theirs and you expect to survive too. How unrealistic this is. I didn’t know what he said, but what would he have said? For all I care, I didn’t know what he stole but I could quantify the extent to which he was beaten. He was beaten mercilessly and ruthlessly. His body was painted in his own blood; his head was bleeding profusely, would his body ache? Even more, I suspected.
And for those fellows who practice jungle justice, the questions are simple: do we spare someone who has stolen our hard earned possessions? Do we spare his miserable life after throwing us into pain and endless anguish? Do we spare them after so much sorrow they have inflicted on our psyche? The questions are endless. I said it in one of my pieces entitled “ori bibe ko ni ogun ori fifo” that, no body in is right senses would support an immoral act as stealing and other punishable offences. Though I do know of only one person who would feel normal when his possessions get stolen and it’s definitely nobody. No matter the intensity of pain caused by these scoundrels, it is wrong for anyone to play down the mechanism of justice in retaliation to a wrong. Two wrongs don’t make a right, we are often cautioned. And since there are appropriate authorities who can see into cases like this, why not approach them in the quest for justice, instead of taking the laws into one’s hands?
One of the incidences raises deeper questions that the angry mob just couldn’t decipher. While the incident lasted, I saw a young boy looking pitifully at the young man being beaten. His look seems to have suggested throbbing questions: what has he done? Why the unending beating? Why are people this ruthless? What do we want young minds to learn from incidents like these? That they should always take laws into their hands when anything happens? Do appropriate authorities take the right steps in seeing to justice prevail? These are crucial puzzles we must resolve ourselves. And by the way, what is the moral authority of these appropriate authorities in matters like these? We have been deluded to realise that those whom we refer to as the appropriate authorities are antithetical to the import of that coinage. In my estimation, appropriate authorities refer to those who act in accordance to the dictates of their jobs; those who see the security of lives and properties as a superior essence, those who follow due process in the discharge of their tasks as well as those who cannot pervert the cause of justice on the altar of bribe.
It will be interesting to know that our people are not barbaric; they are just thirsty for justice, and they wouldn’t take laws into their hands when authorities do the right thing. That’s pretty logical. It defeats the essence of justice when a culprit is caught and handed over to the right quarter, only to be seen the next day moving freely like an innocent person. Hence, let culprits be handed over to the right quarters, and let the quarter itself act justly and swiftly. Injustice on their part is preposterous. Let each quarter do the right thing, so that we can have a conducive and habitable society for everyone. Let’s say no to jungle justice.
A FATHER is crying out for justice over the killing of his son.
Mutiu Adefuye, an artican, is asking the government to bring to book the killers of his son, Sunday, 25.
Sunday, he said, was killed by hoodlums at Ijoko Ota in Ogun State, on August 5. He named the suspected killers as Mohammed, Muibi, Wale, Ibrahim, Gbenga, Sodiq, Nurudeen, Kalinga, Aloma and others at large.
They were said to have attacked the late Sunday, his friend, Lekan Oladitan and a motorcyclist, Sunday Ajayi, around 3pm.
Adefuye said the gang leader was arrested with his driver on September 12 around 10pm in Oko-Oba in Lagos and was transferred to the Ogun State Police Headquarters at Eleweran in Abeokuta before he was released on bail on September 16 without recourse to court.
He said: “Mohammed said there is nothing money cannot do including his connection and that is why I am calling on the Federal Government, Ministry of Justice and Inspector-General of Police to come to my rescue and let justice prevail.
“He (Mohammed) is bragging that he knows the police and he won’t be questioned. Sunday works with me where I repair refrigerator; he is an easy going boy, he associates with good people and he is very hardworking.”
Senate President Bukola Saraki tried but failed to stop his appearance at the Code of Conduct Tribunal (CCT) on Tuesday. His case is unlike other public officers who were able to stop their prosecution through injunctions. JOSEPH JIBUEZE reviews some high profile cases that were never concluded due to restraining orders or interlocutory appeals.
The word change may have finally come to the judiciary. A high-ranking public official has appeared before a court to face criminal charges.
The Court of Appeal dismissed Senate President Bukola Saraki’s ex-parte application seeking to set aside the bench warrant issued for his arrest. The appellate court said it would not interfere with the proceedings pending at the lower court.
Justice Armed Mohammed of the Federal High Court also refused a similar application by Saraki. He, instead, adjourned for hearing of the Senate President’s substantive suit.
Justice Mohammed held that, in view of the constitutional and radical nature of the issues raised in the respondents’ objection, the only reasonable thing for the court to do was not to waste time on interlocutory applications.
To observers, these developments augur well for the anti-corruption crusade being promoted by President Muhammed Buhari.
They said that Saraki’s trial could have been halted by an injunction, restraining the Code of Conduct Bureau (CCB) from trying him over alleged irregularities in his asset declaration.
Several factors could have been responsible for the judiciary’s new-found resolve not to obstruct justice or slow down the process through injunctions.
Primarily, it is believed that judges are also implementing the new Administration of Criminal Justice Act 2015, designed to check the abuses that criminal trials are fraught with in the country.
The Act repealed the Criminal Procedure Act and the Criminal Procedure Code as applicable in all Federal Courts and courts in the Federal Capital Territory (FCT).
To ensure speedy trial, the Act provides that objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.
After the plea has been taken, any objection against the charge raised by the defendant shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.
The Act provides that accused persons are at liberty to file interlocutory appeals if they so desire, but, an application for stay of proceedings pending appeal will not be taken during the trial.
Cases stalled by
interlocutory appeals
Not a few high-profile cases have been stalled by injunctions and interlocutory appeals arising from them. They all follow a similar pattern.
Defence lawyers twist the legal process to the advantage of their clients. After a charge has been filed, they (lawyers) file applications challenging the charge for reasons, ranging from the charge not being properly filed; being outside where an alleged crime occurred; being brought under a wrong law, among others.
Even in situations where the judge dismisses such objection, the defendant proceeds on appeals and once an appeal is filed, the defendant will ask for a stay of further proceedings pending the outcome of the appeal.
To exhaust the complete remedy in a case from trial court to the Supreme Court could take over 10 years, when the original litigants could have been dead and substituted. And in some cases, the substitutes could also have died and substituted.
The process of interlocutory appeals aggravates the situation to the extent that by the time the Supreme Court decides that the case be continued at the lower court, most of the witnesses might have died or documents no longer traceable.
The Odili case
The case of former Rivers State Governor, Dr. Peter Odili, stands out because unlike others, he was never arraigned.
In March 2007, he obtained a remarkable Federal High Court injunction restraining the Economic and Financial Crimes Commission (EFCC) from investigating his tenure.
Soon after he left office, he secured a “perpetual injunction” that permanently restrained the EFCC from “arresting, detaining and arraigning Odili on the basis of his tenure as governor.”
Justice Ibrahim Buba of the Federal High Court, who made the order, added that the EFCC had no power to “in any manner, howsoever, investigate the account or financial affairs of a state government”.
In March 2008, “for the avoidance of doubt”, Justice Buba issued an order that the EFCC could not “arrest, detain, arraign and/or prosecute (Odili) on the basis of its alleged investigations into the affairs of Rivers State” during Odili’s tenure.
The judge declared that the “purported findings” of the EFCC’s investigations were “invalid, unlawful, unconstitutional, null and void.”
Perhaps, more baffling is why the EFCC has not contested the ruling till date. It was learnt that an EFCC official claimed that through some unexplained error, the commission was never even aware that the 2008 injunction had been issued until the time to appeal it had expired.
“These professions of total ignorance are hard to fathom, considering that this was one of the EFCC’s most important cases,” a source said.
The Oduah case
There is also the case of former Aviation Minister, Princess Stella Oduah. Justice Mohammed Yunusa of the Federal High Court in Lagos had, on August 26, restrained anti-graft agencies, including the EFCC, from questioning or arresting Mrs. Oduah, over the purchase of two bulletproof vehicles until her suit is determined.
According to her, unless the court intervened, “the APC (All Progressive Congress) will unleash repression against her and others and this may cause the country to recede to a one-party state, with gross adverse effects and irreparable damage to our nascent democracy.”
The bulletproof vehicles, acquired under her watch by the Nigerian Civil Aviation Authority (NCAA), were said to have cost N255 million, an amount that sparked public outcry.
But the judge stopped the Independent Corrupt Practices and other Related Offences Commission (ICPC), the Attorney-General of the Federation and the Inspector-General of Police (IGP) from inviting the former minister for interrogation.
The EFCC, it was learnt, did not file any application to discharge the restraining order within the time allowed to do so.
Justice Yunusa adjourned till November 16 for hearing of her suit.
Joshua Dariye
In September 2004, British authorities in London arrested ome-time Plateau State Governor Joshua Dariye on allegations of money laundering and seized about £90,000 in cash from him. Dariye allegedly skipped bail and returned to Nigeria to resume office.
An English court sentenced Dariye’s associate to three years in prison in April 2007, for laundering more than £1.4 million of public funds found to have allegedly been stolen by the governor.
At the expiration of Dariye’s tenure, the EFCC charged him with 14 counts of money laundering. But more than seven years after he left office, the case is still pending.
The frustration by the EFCC to prosecute him is a perfect case study of the court’s ability to generate delays so extreme that they are almost a form of impunity.
Soon after he was charged, the Federal High Court granted him bail, and his lawyers subsequently filed a motion asking that all of the charges against him be dismissed.
When the motion was denied, Dariye appealed and the lower court had no choice but to halt proceedings until the former governor’s appeal could be heard.
The Court of Appeal eventually ruled against Dariye in June 2010. Just as trial was about to resume in January 2011, Dariye appealed to the Supreme Court and in April 2011, Dariye contested and won election into the Senate.
Abdullahi Adamu
Abdullahi Adamu, now a senator for the second term, was a former governor of Nasarawa State. He was in the saddle between 1999 and 2007. He became a senator four years after leaving office. In February, 2010, Adamu was arrested by the EFCC for alleged embezzlement of public funds. On March 3 of the same year, he was arraigned alongside 18 others on a 149-count charge of fraud involving over N15 billion, but the case is said to have been stalled due to an interlocutory appeal. Adamu’s case suffered delay right from the beginning with the transfer of the presiding judge of Federal High Court, Asaba Division, Justice Marcel Awokuleyin disqualified himself from the case citing personal reasons
Danjuma Goje
Former Gombe State Governor, Senator Danjuma Goje and four others, were first arraigned in court on October 17, 2011 on alleged conspiracy, fraud and money laundering charges. He allegedly embezzled N52 billion public funds. The case is still pending.
Bukola
Saraki
Prior to his current charge by the CCB, Senator Saraki had been a subject of investigations by the Special Fraud Unit of the Police, following allegations of a loans scam preferred against him. The loans were allegedly secured by Saraki between 2004 and 2009 when he was the governor of Kwara State.
Saraki had sued the Inspector-General of Police. In the suit marked FHC/ABJ/CS/231/, he sought to restrain the SFU from investigating an allegation of N9 billion fraud, leveled against him. He subsequently filed a fresh suit seeking to stop the police from prosecuting him, which reportedly, is still pending.
Orji Uzor Kalu
Abia State’s former Governor Orji Uzor Kalu was one of those swooped on by the EFCC immediately after he left office in 2007. On July 27, 2007, Kalu was arraigned before an Abuja High Court on a 107-count charge of money laundering, official corruption and criminal diversion of public funds in excess of N5 billion. The agency accused Kalu of diverting billions of naira belonging to the Abia State government to Slok Airlines. Kalu pleaded not guilty to the charges. An interlocutory appeal is said to have stalled the case.
Some socio-political groups in Abia State, including NdiAbia League, Abia Youths Consultative Forum and Abia Peoples Congress – jointly petitioned President Muhammadu Buhari to order the anti-graft agency to expedite action on Kalu’s case and bring his prosecution to its logical conclusion.
“It is shocking that the trial of Kalu by the EFCC is still on eight years after he left office. Abians are disturbed by this ugly development. It s inexplicable why EFCC has gone to sleep, leaving the case hanging for eight years now. We hope the EFCC has not been compromised on the matter as it is being insinuated in some quarters,” the groups said.
Jolly Nyame
In July 2007, former Taraba State Governor Rev Jolly Nyame was arraigned on a 41-court charge. He was alleged to have embezzled N1.3 billion. Trial commenced in his case, but it is still pending.
Saminu
Turaki
Former Jigawa State Governor Saminu Turaki was docked on a 32-count charge on allegations that he stole about N36 billion from the treasury over an eight- year period. He was granted bail in the sum of N100 million on July 27, 2007 by Justice Binta Muritala Nyako. The case was reportedly transferred to his home state and is said to be pending at a Federal High Court in Jigawa.
Boni Haruna
A former Adamawa governor Boni Haruna was arraigned before a Federal High court sitting in Abuja on an amended 28-count charge of embezzling the sum of N16m. The case is still pending.
Gbenga Daniel
In September 2013, Tunde Oladunjoye, a principal prosecution witness in the trial of former Ogun State Governor, Gbenga Daniel, withdrew from testifying in the case; accusing the prosecutor of improper handling of the trial. Daniel was charged by the EFCC with mismanaging state funds while he was governor in the Gateway State between 2003 and 2011. The commission docked him at the Ogun State High Court, Abeokuta, on a 38-count charge of fraudulent conversion of land, failure to declare assets, stealing and corruptly acquiring properties.
Farouk
Lawan
A former Chairman of the House of Representatives Ad-hoc Committee on Fuel Subsidy, Farouk Lawan and its Secretary Boniface Emenalo, were charged with collecting $620,000 as bribe from oil magnate Femi Otedola. It was in order to remove the name of his company from those indicted by the committee which probed monumental oil subsidy fraud and uncovered a defrauding of the country.
They were arraigned on February 1, 2013 at the Federal Capital Territory High Court in Gudu, Abuja. Their trial started under Justice Mudasiru Oniyangi. As progress was being made, the judge was elevated to the Court of Appeal. After the loss of several months, the case was re-assigned to a new judge, Justice Adebukola Banjoko on June 11. On November 18, Justice Banjoko surprised a packed courtroom when she announced that she was withdrawing from the trial and would no longer adjudicate the case. The case was to be re-assigned to a new judge and it is still pending.
Ndudi Elumelu
A former Chairman of House Committee on Power, Ndudi Elumelu, sought to stop his trial until the EFCC showed him a copy of the proof of evidence it intended to use in prosecuting him. Elumelu and 29 others were charged by the EFCC before the Abuja Federal High Court over allegation of defrauding the Federal Government of N5.2 billion earmarked for rural electricity projects. Twenty-one of the accused persons were corporate persons.
Ayo Fayose
Shortly after his impeachment in 2006 as Ekiti State governor, Mr. Peter Ayodele Fayose, was charged over allegations of financial misappropriation under his watch between 2003 and 2006. He escaped arrest by EFCC operatives who laid a siege while he was featuring on a live programme in the studio of an Abuja-based television. Contrary to reports, the EFCC said it has not dropped the charges against Fayose, who contested and won the governorship election almost a year ago.
The case, the anti-graft agency said, will resume after the governor’s tour of duty.
Immediately after he picked the Peoples Democratic Party (PDP) governorship ticket, the E-11 group and others challenged Fayose’s eligibility to contest the election. In a determined bid to stop the case from being heard, thugs disrupted proceedings and physically assaulted a High Court Judge to ensure the case was never heard.
The first attack occurred on September 22, 2014 when thugs invaded the Ekiti State judiciary headquarters where Justice Isaac Ogunyemi was to deliver a ruling on the case. The thugs beat up workers and the presiding judge and lawyers had to run for dear lives. They smashed windows and furniture.
In the words of the Chief Judge, Justice Ayodeji Daramola, “the policemen and other law enforcement agents deployed within and without the premises in large numbers were looking on completely uninterested and unconcerned while these thugs were on the prowl beating and maiming workers and court users.”
On September 25, thousands of people believed to political thugs stormed the High Court premises, beating and maiming the staff. Unconfirmed sources said the Presidency directed the military and the police to ensure that the courts remain sealed until after Fayose’s inauguration as governor on October 16. Soldiers, armed to the teeth barricaded the court premises with Armoured Personnel Carriers (APC), as from October 7, turning back judges, lawyers and litigants on the basis of an alleged “bomb” threat.
On October 13, the NJC directed Justice Daramola to make a formal announcement to reopen the courts. He did on October 14, after two weeks of forced closure, even as workers stayed off. Two days later, Justice Daramola swore in Fayose as governor.
James Ibori
After the acquittal of former Delta State Governor James Ibori by Justice Marcelleous Awokulehin on a 170-count charge of sundry allegations including financial misappropriation and money laundering, a Court of Appeal, sitting in Benin, the Edo State capital upturned the ruling.
It was in an appeal against the lower court by the EFCC.
Ibori fled to the Dubai, United Arab Emirate (UAE) after the reversal of the lower court verdict and the pressing of fresh charges against him by the anti-graft agency. It was at the UAE that Ibori was arrested by INTERPOL and extradited to the United Kingdom (UK) for trial over the same offences for which he had been discharged and acqitted in Nigeria.
The former governor was found guilty as charged and was jailed 13 years by a UK court.
The way forward
A senior lawyer, who also prosecutes for the EFCC, said: “The EFCC should tell Nigerians why these cases and others have not been concluded. While the courts are to blame for delays, there is more to their non-conclusion than meets the eye. It will take a Buhari administration to deal with corruption in all honesty. I will urge the President to order an investigation into why these cases and others have been pending for nearly 10 years.”
