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Tag: Mukhtar

  • Mukhtar’s exit

    •She has tried her best; we can only hope her successor will continue from where she stopped

    Come November 20, Justice Aloma Mukhtar, the first female Chief Justice of Nigeria (CJN), would bow down, having meritoriously served for 28 months. She will be succeeded by Justice Mahmud Mohammed, whose name has been sent by the President to the Senate for confirmation. With just a few controversies, the departing CJN has had a distinguished career, particularly as the CJN. We recall particularly the zest with which she tackled the challenges of corruption in the judiciary, to the admiration of most Nigerians.

    Prior to her appointment, the image of the judiciary was very low, and it was made worse by some of her predecessors involved in corruption-related controversies. So, appearing before the Senate for her confirmation, the question of how to tackle corruption was uppermost in the minds of Nigerians. To their admiration, she said: “on the perception of the judiciary by the public, indeed as it is as at now, it is very bad and I am saddened by it. I will try as much as possible to ensure that the bad eggs that are there are flushed out”. Admirably, she did flush out many bad eggs, even though a few of the sacked judges are in court protesting their sack.

    During her reign, action was taken on 11 judges by the National Judicial Council (NJC), which she heads, either by outright sack or issuance of queries over their performance. The affected judges include Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court, who were recommended for compulsory retirement. Another was Justice Okechukwu Okeke of the Federal High Court, who was cautioned. On his part, Justice Mohammed Talba of the Federal Capital Territory High Court, Abuja, was suspended for 12 months for wrongly exercising his judicial discretion.

    Another judge of the Federal Capital Territory, Justice Lawan Hassan Gunmi, was found guilty of gross misconduct, even after he had resigned to avoid the hammer. The other judges also affected were Justices Gladys Olotu of the Federal High Court and Ufot Inyang of the Federal Capital Territory High Court, who were compulsorily retired for gross misconduct. The NJC also warned three other judges; they are Acting President Court of Appeal, Justice Dalhatu Adamu, Justice A. A. Adeleye of the Ekiti State High Court and Justice D. O Amaechina of the Anambra State High Court, for low productivity.

    Among the far-reaching disciplinary actions of the NJC against judges under the leadership of Justice Aloma Mukhtar, the most controversial appears to be the suspension of the former President of the Rivers State Customary Court of Appeal, Justice Peter Agumagu. The NJC suspended Justice Agumagu, following his controversial appointment as the Chief Judge of Rivers State by the governor, Rotimi Amaechi, despite the objections of the NJC. Justices Agumagu, Gunmi and Olotu are all in court to challenge the decisions of the NJC against them.

    The learned CJN who also presides over the Federal Judicial Service Commission (FJSC) equally dismissed five Supreme Court workers and a Court of Appeal, Abuja Division worker, for their involvement in the leakage of a judgment in the case of Senator Alphonsus Uba Ugbeke vs Lady Margery Okadigbo and three others.

    Considering the many disciplinary actions taken by the departing CJN, we can say without equivocation that she substantially delivered on her major agenda. We also note that she has championed the computerisation of the Supreme Court. While wishing Justice Mukhtar a well deserved rest, we urge the incoming CJN to also adopt the cleansing of the judiciary as his major agenda. This is important because the judiciary is the last hope of the common man. It therefore must not be found wanton, particularly in a democratic system, if the system is to  endure.

  • Exit of Mukhtar: Lawyers urge Mahmud to sustain reforms

    Exit of Mukhtar: Lawyers urge Mahmud to sustain reforms

    She left no one in doubt as to what her mission was. During one of the rituals preceding her appointment in July, 2012, the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar had, before the Senate, confirmed the general view that the judiciary stank. She, however, assured of her determination to reverse the state of affairs.

    Justice Mukhtar said: “On the perception of the judiciary by the public, indeed, as it is as at now, it is very bad and I am saddened by it. I will try as much as possible to ensure that the bad eggs that are there are flushed out.”

    This statement made before the Senate by Justice Mukhtar, the 14th CJN and first woman to occupy the office, did not only serve as her covenant with the people, it became the standard for which many measured her 28-month tenure.

    Prior to her appointment, public confidence in the judiciary had dwindled considerably. Justice was a commodity that was freely traded and happily sold to the highest bidder.

    There is a general belief that efforts have been made to cleanse the rot that was the signature of the judiciary before July 16, 2012.

    True to her pledge to rid the judiciary of bad eggs, Justice Mukhtar went about it diligently.  So far, about 11 judges were affected, with some being eased out of office and others issued queries. The effort was not limited to the judges as some administrative staff were also penalised for misconduct.

    The National Judicial Council (NJC), a body which she heads, held an emergency meeting on February 21, last year, to review pending cases of misconduct against some judges, after which two were recommended for compulsory retirement. They are Justice Charles Archibong of the Federal High Court and Justice Thomas Naron of the Plateau State High Court.

    The council also cautioned Justice Okechukwu Okeke, who has retired from the Federal High Court. Justice Mohammed Talba of the Federal Capital Territory High Court was suspended for  12 months for wrongly exercising  judicial discretion. To avoid being fired, the Chief Judge of the same court, Justice Lawal Hassan Gummi, opted to resign instead of waiting for the outcome of investigation of the allegations of misconduct levelled against him.

    Despite his smart move, the NJC, after its 63rd meeting, announced on July 18, last year, that it found Gummi guilty of “gross misconduct”.

    On February 27, the NJC announced its recommendation to President Goodluck Jonathan, the compulsory retirement of Justices Gladys Olotu of the Federal High Court, Abuja and Ufot Inyang of the Abuja High Court for “gross misconduct.” The NJC directed their immediate suspension from office, which was accepted by the President.

    The council also warned three others ­— former Acting Court of Appeal President Justice Dalhatu Adamu, Justice A. A. Adeleye of the Ekiti State High Court and Justice D. O. Amaechina of the Anambra State High Court — for low productivity.

    In March, the NJC suspended former President of the Rivers State’s Customary Court of Appeal Justice Peter Agumagu over his controversial appointment as the Chief Judge by Governor Rotimi Amaechi.

    Justices Gummi, Olotu and Agumagu are challenging NJC’s decisions.

    On July 1, last year, the Federal Judicial Service Commission (FJSC), headed by the CJN, announced the  dismissal of five Supreme Court workers and a Court of Appeal, Abuja Division worker for their involvement in the leakage of a judgment in the case of Senator Alphonsus Uba Igbeke Vs Lady Margery Okadigbo and three others marked SC 179/2012.

    The Legal Practitioners’ Privileges Committee (LPPC) under Mukhtar has had cause to move against some Senior Advocates of Nigeria (SANs) for allegedly engaging in unethical conduct. It once withdrew the rank given to Ajibola Aribisala, but restored it about a month ago. Another SAN, B. Badejo, was cautioned by the committee.

    The CJN, who will bow out on November 20, ensured discipline and commitment by officials through the Judicial Performance Evaluation designed to weed out incompetent and indolent judges from the Bench.

    To prevent judges from embarking on foreign trips at the expense of their judicial duties, she directed that no judge should travel out of the country without her written permission, while judges cannot leave their stations without the authorisation of the appropriate heads of courts.  She also directed that courts must resume by 9am to save time.

    The NJC, under her leadership, has also warned judges to stop compromising themselves by issuing frivolous orders.

    Criticisms

    It has not always been positive for the retiring CJN as some of her utterances and actions had, in some instances, attracted criticisms. One of such was her claim that senior lawyers, who represent judges on trial before the NJC, were as guilty as the judges.

    The CJN had on July 7, while speaking at a conference organised in Abuja by the Nigerian Bar Association (NBA), said: “We receive petitions and we have always tried to hear from both sides. But most times many affected judges complain that they are not given fair hearing. Some will come with as many as six SANs. Those SANs, who go with them, are equally guilty. There was one (a judge) that came with about six SANs, which showed they are working in tandem.”

    Many, however, disagreed with the CJN on her position, arguing that anybody accused of committing a crime was entitled to legal representation within the concept of fair hearing. They argued that it was wrong for the nation’s most senior judicial officer to have made such conclusive statement when the lawyers, who defend judges, were only performing their professional responsibilities.

    The impasse created by the disagreement between the NJC and the River State’s political leadership over the choice of a Chief Judge did not go down well with those sympathetic to Amaechi.

    They argued that it was wrong for the NJC to insist on its recommendation for the position.

    For her alleged highhandedness, the retiring CJN came under attack recently from a former NBA President, Joseph Daudu (SAN), who faulted her directive that judges most not travel abroad without permission. Acting under his group, the Rule of Law Foundation, Daudu  queried the legitimacy of the power of control being exercised over other courts by the CJN.

    The suspension of the Chief Registrar of the High Court of the Federal Capital Territory (FCT), Mrs. Oluwatoyin Musa Yahaya, over alleged irregularities in the discharge of her functions, also attracted controversies among stakeholders in the sector.

     

    Endorsements

    Despite the criticims, former Court of Appeal President Justice Mustapha Akanbi, Daudu, rights activist Femi Falana (SAN),  among others, praised Justice Mukhtar’s reform initiatives.

    Justice Akanbi said: “Corruption, talking frankly, is endemic. It has gone to a level that it has affected the judiciary. There was a time you would never talk anything against the judiciary. I am glad to say this is a great moment when Maryam Aloma Muktar, the Chief Justice of Nigeria, is doing quite a lot in fighting the menace. We should support her in fighting the battle to see that we get a better Nigeria.

    “I know Muktar, she served under me. She is a courageous woman and a core professional with high integrity and commitment to uprightness and justice. She is a person who abhors corruption and is determined to rid the country of corruption. Nigerians should support her in her efforts to sanitise the judiciary and rid Nigeria of corruption.”

    Daudu admitted that Justice Muhktar’s tenure witnessed commendable strides in the fight against corruption.

    He noted certain actions she took that were allegedly unconstitutional and which, if left unchecked, “will destroy the entire foundation on which the independence of the judiciary is erected.”

    Falana, who praised the steps taken by the CJN in the realisation of her pledge to make a difference, said: “With the sanctions imposed on erring judges, a strong message has been sent that it is no longer business as usual. Even the corrupt cabal that took over the award of the rank of SAN has discovered that the game is up. She should ensure that effective measures are put in place to institutionalise the reforms.”

    The World Justice Project (WJP), a group working to advance the rule of law globally, scored Nigeria high only in civil justice among the nine factors it studied in its report recently released. The Washington, United States-based WJP accessed the 99 countries studied on compliance with the rule law and in its “2014 Rule of Law Index” report awarded Nigeria a pass mark only in Civil Justice.

    A British magazine, Newsweek, named Justice Mukhtar as one of the ‘125 women of impact in the world’ in its April 8-15, 2013 edition.

    Enters a successor

    All eyes are on the Taraba State-born Justice Mahmud Mohammed, whose name the NJC has sent to President Jonathan for appointment as Justice Mukhtar’s successor, being the next most senior Justice of the Supreme Court.

    Justice Mohammed, born on November 10, 1946 will be the 15th CJN and the first indigenously trained lawyer to rise to peak of the nation’s Judiciary.  His predecessors were first called to the English Bar before the Nigerian Bar. A 1970 law graduate of the Ahmadu Bello University, Zaria, he was called to Bar in 1971.

    Although not officially appointed the CJN, Justice Mukhtar made him perform the duty of the head of the Supreme Court last April. It was during a visit by delegation from the Federal Road Safety Corps (FRSC), led by its then Corps Marshal, Osita Chidoka, to the Supreme Court.

    Justice Mohammed has equally been described as an individual, who says things as they are and is not afraid to take unpopular positions on issues once he is convinced that his position is right.

    In a ruling on the Sokoto governorship dispute, he gave a dissenting opinion in the case marked:  SC.32/2010 with Alhaji Muhammadu Maigari Dungyadi and Democratic People’s Party (as appellants) and INEC, Aliyu Magatakarda Wamako (as respondents).

    While the majority decision of the five-man panel was that the Supreme court could entertain governorship election matters and proceeded to grant an order stopping the Court of Appeal, Sokoto division from giving judgment, Justice Mohammed dissented.

    Agenda for new CJN

    Lawyers, including Falana, Professor Julius Chwkwuma and Dr Usman Abubakar, have urged him to surpass Justice Mukhtar’s record.

    Prof Chukwuma said: “Already her (Justice Mukhtar’s) courageous posture has incited the ire of many who have not taken her counsel well. There is no doubt that the moment her tenure expires and she leaves, people who do not want her, will return to business as usual and thereby rubbished the gains obtained from her ethically professional management of the nation’s justice delievery system. What we should do is to pray for a successor, who will continue the outgoing CJN’s good work.

    “The new CJN must ensure that preventive measures are taken to reduce corrutpion and unethical conduct to the barest minimum. In this regard, there should be proper re-orientation of all the core staff, especially employees claiming ignorance of the code of conduct for Judiciary staff. This is to enable them understand the importance of their role as public servants.”

    Abubakar suggetsed that in dealing with court officials and judges found wanting, the new CJN should not only ensure they are sacked, they should also be prosecuted and made to serve their terms of conviction.

    “The new person should also monitor the judges more closely, for if judges are upright, it would check the activities of the other officers of the judiciary.

    “He should also look at the WJP’s 2014 report where the criminal justice system has deficiencies (ranking 91st overall and second to last in the region), fundamental rights are poorly protected (ranking 88th overall), and a deteriorating security situation continues to raise significant concerns (ranking 2nd to last overall) Nigeria’s best performance is in the area of civil justice, where it ranks 52nd globally and 7th among its income peers.

    “As contained in the report, I also believe that the delivery of effective civil justice requires that the system be accessible and affordable, as well as free of discrimination, corruption and improper influence by public officials. The delivery of effective civil justice also necessitates that court proceedings be conducted in a timely manner that is not subject to unreasonable delays, and that judgments are enforced effectively. The new CJN should take steps to ensure these,” Abubakar said.

  • How Mukhtar is tackling delays in justice administration

    Media aide to the Chief Justice of Nigeria (CJN), Ahuraka Yusuf Isah, highlights her achievements in office.

    Justice Mariam Aloma Mukhtar assumed office as the Chief Justice of Nigeria (CJN) on July 16, 2012. She will retire on November 20, 2014 bringing it to exactly 856 the number of days she spent in office.

    Knowing that the time was quite too short to allow meaningful changes through constitutional amendment, which is always slow and difficult, the CJN relied on the various judiciary administrative precepts contained in other statutory books like the Judicial Code of Conduct, the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) powers and functions, which found to be sufficient to halt the drift in the system.

    It requires an experienced hand to explore and utilise such means to effect the needed change. It is not just the ability to identify needed changes, but the courage to do effect them.

    Let us digress a bit with a telltale of Greek mythology. One of the famous of Greek Legends dealing with the Island of Crete, tells how the King of Athens, the greatest of the Greek cities slew the son of Minos, King of Crete.

    In revenge, Minos conquered Athens and forced its king to send him seven youths and seven maidens every year as a tribute.  These victims were then driven into a huge maze or labyrinth on the Island where they were devoured by a monster, half–bull and half–human, known as the Minotaur.

    Then, one year, Theseus, son of the Athenian king, bravely offered to form part of the doomed company.  When he arrived in Crete, the daughter of Minos named Ariadne, fell in love with him and gave him a sword and a piece of thread before he entered the maze.

    With the sword, Theseus slew Minotaur and with the thread, which he had dropped behind him, he found his way back.  The doomed company was saved and the brave prince set sail for Greece.

    Now Theseus had told his father, whose name was Aegeus, that if he slew the Minotaur and found his way out of the labyrinth he would hoist white sails as he came into port.  But Theseus was so eager to arrive home that he forgot to do this.  And when Aegeus saw the black sails of the returning ships, he thought his son was dead.  In his grief, the old king threw himself into the sea, which has ever since been called the Aegean Sea in his memory.

    It is a fact that one of the many issues afflicting the judiciary is the problem of inordinate delay in determining cases. Many factors are responsible for this sordid and embarrassing situation.

    Successive Chief Justices of Nigeria had introduced measures to combat this malady. Upon assumption of office as CJN, Justice Mukhtar was again confronted by this problem.

     

  • Mukhtar ‘s relentless war against judicial rot

    Mukhtar ‘s relentless war against judicial rot

    Chief Justice of Nigeria (CJN) Mariam Aloma Mukhtar’s media aide Ahuraka Yusuf asses his boss’ achievements since she assumed office over a year ago.

    Prior to Justice Mariam Aloma Mukhtar’s assumption of office as the Chief Justice of Nigeria (CJN), many had lost hope in the Judiciary’s ability to dispense justice independently. The state of affairs in the Judiciary was aptly captured in a report by the United States’ Department of State on Human Rights practices for 2011, which was tendered before the US’ Congress in May 2012 by then Secretary of State Mrs. Hilary Clinton. The report had observed copiously that the Nigerian Judiciary was very corrupt and susceptible to manipulations by the rich elite in business and politics.

    While many were still in doubt about her capacity to tackle the rot in the system, some who, knew Justice Mukhtar as an incorruptible judicial officer and an individual with rare sterling qualities thought otherwise.                            One of such persons is the foremost human rights activist and Senior Advocate of Nigeria, Mr Femi Falana. Falana, in providing a picture of the kind of person Jusice Mukhtar is, said ‘‘I first met the CJN as a High Court judge in Kano in 1984. My client, a trade union, had sued a powerful Lebanese company in the Kano State High Court for illegally withholding the check-off dues deducted from the wages of all the workers in its employment.  “The company, which had boasted that it had the judiciary in its pocket, was taken aback when the trial judge, Justice Muktar, granted the reliefs sought by the plaintiff and ordered the company to refund and pay to the union the check-off dues which it had illegally withheld.Since then, I have watched the judge from afar and followed her impeccable judicial carrier.  “In a country where judicial corruption has been virtually institutionalised, I make bold to say that Justice Muktar has never been associated with corrupt practices or any form of abuse of office. She is conservative but ready to take a radical stand in defence of the rule of law. She is quiet, but aggressive in dealing with cases of corruption.  “Her decision to team up with Adesola Oguntade JSC (as he then was) and Walter Onnoghen JSC in writing powerful dissenting opinions in the controversial case of Mohammadu Buhari v Independent National Electoral Commission (INEC) convinced the reactionary forces in the legal establishment that she could rock the boat if allowed to become the head of the country’s judiciary.                                                                              “The clean bill of health given to Justice Ayo Salami, the suspended President of the Court of Appeal by a Committee of the National Judicial Council (NJC) chaired by Justice Mukhtar was the last straw that broke the camel’s back. A plot was therefore hatched to prevent her from becoming the CJN’’. On her eventual assumption of office, the general expectation was the need to cleanse the Judiciary of its rots. A Senior Advocate of Nigeria and a candidate in the 2014 Nigerian Bar Association (NBA) election, Mrs. Funke Adekoya stressed this in her article titled ‘‘NJC as Hercules’’ in the Thisday newspaper of March 5, 2013 when she noted that ‘‘Hercules did the job by using unconventional methods, he diverted two rivers flowing near the stables off their course, to flow into the stable yards and out through the rear,  before rejoining the river course, while taking all the filth and dung along with it.

    “From this Greek tale, the phrase ‘cleaning the Augean stable’ emerged to mean performing a large, unpleasant and seemingly impossible task that has long called for attention. When the incumbent Chief Justice of Nigeria Hon. Justice Miriam Aloma Mukhtar was sworn into the office in July last year, there were many calls upon her to restore the Judiciary to its pride of place in the body polity by investigating the rumours of corruption that were rife, and acting on the many complaints about judicial behaviour. As she has only two years in office as Chief Justice of Nigeria, this is her Augean stable.’’

    With few months to the end of her tenure, many can testify that, though we have not got to the Promised Land, remarkable progress has been made towards that direction since Justice Mukhtar assumed office over a year ago.    A highly respected British magazine, Newsweek attested to this when in its  April 8-15, 2013 edition, the publication named Justice Mukhtar as one of the ‘’125 women of impact’’ in the world. The magazine premised Justice Mukhtar’s nomination on her judicial cleansing reform and avowed determination to get rid of judges involved in fraudulent practices or judgment for sale.

    Specifically,  the magazine noted that, ‘’in a country notorious for its crooked officials, Nigeria’s first female Chief Justice, Mukhtar, has built a reputation as an unwavering reformer unafraid to root out criminals.’’Also, the World Justice Project (WJP), an independent, multidisciplinary organization working to advance the rule of law globally, scored Nigeria high only in civil justice among the nine factors it studied in its report recently released. The Washington-based WJP accessed the 99 countries studied on compliance with the rule law.

    The WJP Rule of Law Index 2014 report awarded Nigeria a pass mark only in Civil Justice, ostensibly the Judiciary headed by Justice Mukhtar. The WJP’s Rule of Law Index is a quantitative assessment tool designed to offer a detailed and comprehensive picture of the extent to which 99 countries and one jurisdiction around the world adhere to the rule of law.The WJP Rule of Law Index seeks to embody these outcomes by means of performance indicators the extent to which countries attain these outcomes. In attempting to capture a broad view of the rule of law in a nation, the WJP’s Rule of Law Index  looks at 47 outcomes (or sub-factors) organized around nine dimensions (or factors) which include: constraints on government powers; absence of corruption; open government; fundamental rights; order and security; regulatory enforcement; civil justice; criminal justice; and informal justice. 99 nations were scored and ranked on each of the nine factors.Specifically, the group’s report on Nigeria is as follows: ‘‘Nigeria ranks 93rd overall and near the bottom half of lower middle income countries in most dimensions. The country ranks 69th for checks on the executive branch and 76th for open government, putting it slightly behind the average rankings of Sub-Saharan African countries. Yet, in most of the other dimensions, the country remains one of the poorest performers of the region. Corruption is widespread (ranking third to last in the world), the criminal justice system has deficiencies (ranking 91st overall and second to last in the region), fundamental rights are poorly protected (ranking 88th overall), and a deteriorating security situation continues to raise significant concerns (ranking 2nd to last overall) Nigeria’s best performance is in the area of civil justice, where it ranks 52nd globally and 7th among its income peers’’.

    As understood by the WJP, the delivery of effective civil justice requires that the system be accessible and affordable, as well as free of discrimination, corruption and improper influence by public officials. The delivery of effective civil justice also necessitates that court proceedings be conducted in a timely manner that is not subject to unreasonable delays, and that judgments are enforced effectively.

    In its editorial of July 15 this year, The Guardian newspaper commented thus; ‘’Speaking at the opening session of a conference on judicial reforms organized by the Nigerian Bar Association (NBA), in conjunction with the United Nations Office on Drugs and Crime (UNODC) and some Non-Governmental Organisations, the Chief Justice accused SANs working in tandem with corrupt judges being investigated by the National Judicial Council (NJC) of being guilty of corruption and misconduct.  “She cited a particular instance where a judge accused of corruption invited about six SANs to represent him before the NJC. The conference on judicial reforms, in which the Chief Justice spoke, could not have come at a better time in view of dwindling public confidence in the judiciary. It is indeed noteworthy and commendable that Chief Justice Mukhtar has waged a relentless war on corruption in the judiciary since she assumed office.

    “Lawyers may very well hide under the guise of their rules of professional practice to defend anyone that seeks their legal representation and the issue of fair hearing which some of the judges being investigated raise is always germane to the cause of justice.

    “Nevertheless, the CJN’s position remains a call on lawyers to be more alert to their responsibility as ministers in the temple of justice.  Where senior lawyers rise to defend judges accused of corruption to the extent that the accusation is not allowed to see the light of day, let alone the accused judge allowed to defend himself, there is obvious danger to law and order.

    “In such a situation, the society is threatened and ordinary law abiding citizens are not motivated to remain so; indeed they are encouraged to embrace impunity, knowing that the judiciary can be compromised.’’ So far, not less than hundred editorial comments have been published in the dailies and magazines in reactions to her onslaught on rots in the nation’s judiciary.

     

    •Ahuraka is the CJN’s media aide

  • Jonathan urges court not to hear Olotu’s suit

    Jonathan urges court not to hear Olotu’s suit

    President Goodluck Jonathan and the Chief Justice of Nigeria (CJN) Justice Aloma Mukhtar have asked the Federal High Court, Abuja to decline jurisdiction over a suit brought by a recently retired judge of the court, Justice Gladys Olotu.

    They urged the court to strike out the case on the ground that the Federal High Court was not the proper forum for the resolution of employment related disputes.

    The position of the President and the CJN is contained in a preliminary objection they filed against the suit, a copy of which The Nation obtained yesterday.

    They hinged their objection on the ground that the substance of the case relates to the employment of the plaintiff, who until her compulsory retirement, was a staff of the Federal Government of Nigeria.

    The duo argued that section 254(C) of the Constitution vests jurisdiction on employment matters on the National Industrial Court.

    They further argued that by virtue of the provisions in sections 251 and 254 of the Constitution, the Federal High Court lacked the lacked the powers to hear and determine cases relating ro employment issues.

  • Uwais, Mukhtar seek credible electoral process

    Uwais, Mukhtar seek credible electoral process

    Former Chief Justice of Nigeria (CJN), Justice Muhammadu Uwais and the incumbent CJN, Justice Aloma Mukhtar yesterday stressed the need for the establishment a transparent electoral system capable of enthroning a people’s government.

    Justice Uwais said the country’s inability to achieve a rancor-free electoral process could ais a good excuse for foreign capital flight and a disincentive to foreign investment.

    He added that more importantly: “it is a sad commentary or dent on the political class and its cultural understanding of power.”

    Justice Mukhtar underscored the importance of free and fair elections in every democracy.

    She claimed that democratic elections require more than transparency and accurately counting ballot papers on Election Day. She added that free and fair elections are the cornerstone of every democracy and the primary mechanism for the people to exercise their franchise.

    They spoke in Abuja yesterday at the opening of a stakeholders meeting on Alternative Dispute Resolution (ADR), organised by the National Judicial Institute (NJI), with the theme: Towards zero violence in African elections: The bar, the bench and the civil society as drivers of peace.

    The institute’s spokesman, Madu Emezie quoted the former CJN as arguing that zero violence and zero litigation are possible when stakeholders in the electoral process operate in an effective and complimentary manner.

  • Jonathan, Mukhtar canvass corruption-free judiciary

    Jonathan, Mukhtar canvass corruption-free judiciary

    President Good luck Jonathan and the Chief Justice of Nigeria, Justice Aloma Miriam Mukhtar (CJN) have canvassed a judiciary devoid of corruption.

    They spoke at the Centenary law summit organised by the Nigerian Institute of Advanced Legal Studieas (NIALS) and the Office of Secretary to the Government of the Federation (SGF) in Abuja to mark 100 years of the legal profession in the country.

    In his welcome address at the event tagged: Law and society, 100 years of legal development in Nigeria, Director-General of NIALS, Prof. Epiphany Azinge (SAN), said the summit was organised to commemorate a century of constitutional evolution and legal development in Nigeria.

    The event provides an opportunity to take stock of how well the law had been used as an instrument of social change in the last 100 years, he said.

    “Within the period under review, we have been able to achieve significant milestone through enactment of laws that have helped in moulding our society and giving breath and vitality to our values and morals but more significantly in ensuring that most of our laws truly reflect the consciousness of our people. But we cannot loose sight of the fact that at a time in our national history, particularly during the military era.

    “Laws were also used as instruments of oppression, subjugation and enthronement of anti-majoritarian principles and norms.

    “There are, undoubtedly, still some aspect of our laws that are obsolete, anachronistic and in dire need of reform while in many other areas our laws are well behind the state of the law in other climes and jurisdiction. It is for this reason that this summit is not merely an occasion to engage on a historical discourse and analysis of the growth of our law since amalgamation in 1914,” he said.

    He continued: ‘’It is rather an opportunity for us to make projections into the future and determine how our journey towards economic prosperity and social emancipation can be anchored on constitutional and legislative pragmatism.

    “In this regard, this law summit is not just a bold endorsement of Mr President’s transformation agenda, but a platform to brainstorm, distil and collate ideas on how to use law as a veritable instrument for achieving the Transformation Agenda.

    ‘’This theme of the summit and the sub-themes are carefully put together to help in evolving and institutionalising policies and laws that will serve as catalyst for driving reforms in the polity.

    “It is not merely acknowledgement of our capability but a challenge to us to assist the government in driving the process of shifting the frontiers of law.

    “May I also pay public tribute to our supervising Minister, the Attorney-General of the Federation Mr Mohammed Bello Adoke (SAN) for promoting academic freedom and autonomy by allowing the institute unfettered discretion to run its programmes and activities. The management of the institute salutes him for his visionary leadership and his undiluted support to the institute which more often than not, is beyond the normal call of duty.

    “The institute is also proud to have as its Chairman of Governing Council, the highly respected courageous, no-nonsense Justice Alooma Mariam Mukhtar (CJN).

    “We are happy to have assembled the best and brightest in this country to lead discussions in various sessions of this summit. Our concept is that the summit is to be audience driven, meaning that the panelists will be expected to interact more with the audience than merely engaging in seminal scholarly presentation. This approach will enable the summit to touch on life issues, which naturally will help in building consensus on the way forward.”

    He also said: “Finally, let me warmly welcome Mr. President, Dr. Goodluck Ebele Jonathan, to this Centenary Law Summit. Mr President, it is given to few men in their lifetime to preside over the Golden Jubilee of his country and the Centenary anniversary of the same country. President, you are a child of destiny and destiny beckons on you to use your transformation agenda to lead the Nigerian people to the Promised Land.

    “Let it be said in the next 100 years that this nation witnessed a national rebirth in your time and that you laid the foundation for a strong, united, respected and progressive modern Nigeria, once more I warmly welcome you all to this Centenary Law Summit, he said.

    President Jonathan while declaring open the summit said the government would continue to ensure that human right norms were strictly observed in the ongoing fight against terror in the country.

    He said: “Let me use this opportunity to reiterate the Federal Government’s resolve to ensure that human right norms are duly observed and the freedom and liberty of the people are not unduly abridged in our war against terror.

    “The armed forces and other security personnel dealing with insurgencies and other security challenges in the states where state of emergency had been declared had been given orders to ensure that they discharge their duties with conformity with the rule of engagements.”

    The President further said: “Since law is an instrument for social engineering and political transformation, such should be strictly adhered to by all organs of government.”

    He challenged the managers of the nation’s judiciary to review the country’s laws, “since it remains an institution that holds the key of sustaining the confidence of the people in the Rule of Law.”

    Jonathan further enjoined the judiciary to give credible and well-reasoned judgments to enhance social justice and fairness.

    The President expressed delight over the ongoing efforts by the Chief Justice of Nigeria to sanitise the nation’s judicial system.

    “We welcome the efforts being made by the National Judicial Council under the able and strong leadership of the Chief Justice of this great country, Justice Mukhtar. We believe that you can sanitise the judicial system.”

    Justice Mukhtar noted the giant strides recorded in the nation’s legal profession.

    She reiterated her commitment to ensure zero tolerance to corruption and unethical practices in the judiciary.

    The Attorney-General and Minister of Justice, Mr Bello Adoke,  said  relevant bodies with the legal profession had intensified efforts towards early completion of the on-going legal reforms in the country.

    President Jonathan presented to the public a publication entitled: Nigeria: A Century of Constitutional Evolution 1914-2014.

    The publication was written by the NAILS.

    The three-day summit witnessed various paper presentations which include legislations and transformative governance; rule of law and transformation agenda; power and transformation philosophy of government and State governors as partners in transformation agenda.

    Others were law, good governance and security; police and enforcement of law and order; law and terrorism and international securityand human rights concerns.

     

     

     

     

     

     

     

     

     

     

  • Enter Mukhtar Yero

    Enter Mukhtar Yero

    Forty-four year old Mukthar Ramalan Yero who was appointed Deputy Governor in 2010, following the elevation of Patrick Yakowa to the position of governor, begins his journey as governor of Kaduna State.

    Born at Agwan Kaura in Zaria City of Kaduna State on May 21, 1968, Yero had his early education at LEA Primary School, Kaura; Government Secondary School, Ikara (1980-1985) and Government Secondary School, Zaria (1985-1986) before gaining admission to study a diploma programme in Banking from Ahmadu Bello University, Zaria. He later gained admission to study for a bachelor’s degree in Accounting in 1991. He also obtained a Master’s degree in Business Administration also from the Ahmadu Bello University.

    A certified Public Accountant, Yero began his working career as assistant accountant during his National Youth Service Corps at Ogun State Purchasing Corporation between 1991 and 1992. He worked as Higher Executive Officer in the Bursary Department of ABU in Zaria in 1993 and later joined the defunct Nigerian Universal Bank Limited as Accountant Supervisor the same year. In 1997, he joined Nalado Nigeria Limited, a company owned by Vice President Namadi Sambo.

    He became chief accountant and rose to become director, Finance and Administration in 2007. When Sambo became governor in 2007, he appointed Yero as commissioner for Finance, a position he held until he was appointed deputy governor.

    His appointment as deputy governor was not without controversy as many interest groups were involved. Many believed then that his choice was influenced by Sambo. But Yakowa dismissed it, saying the choice was entirely his. Yakowa said while confirming Yero’s appointment that he “is a fine gentleman with whom we have been working closely for the past three years in the State Executive Council. I have confidence in him and believe that we shall together, under the guidance of God, steer the affairs of Kaduna State to greater heights.”

    Married with six children, Yero’s is from the northern zone of the state which produced Makarfi as governor from 1999 to 2007, it is believed that Yero was being considered to take over from Yakowa as governor in 2015 by political forces in the state and in the north. Some political power players in the state who were not comfortable with Yakowa returning as governor in 2015 are believed to have begun pushing some candidates including Yero into the contest. The current development which has entrusted power to him will no doubt actualise that dream. His emergence, though by providence, is likely to change the political history of the state once again.