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Tag: National Judicial Council (NJC

  • We have pending appeal against Justice Ademola’s acquittal – AGF

    We have pending appeal against Justice Ademola’s acquittal – AGF

    The office of the Attorney General of the Federation (AGF) said Thursday that it has pending appeal against the April 5 ruling by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) acquitting Justice Adeniyi Ademola of the Federal High Court, his wife and a lawyer, Joe Agi (SAN).

    Justice Okeke had, in the ruling, upheld the no-case submission by Justice Ademola and his co-defendants, charged with corruption related offences.

    Justice Ademola has since resumed duties following last week’s directive by the National Judicial Council (NJC) that judges, suspended owing to their investigation by the Department of State Services (DSS), should resume duties.

    In a statement Thursday, Special Assistant to the President on Prosecution, but attached to the office of the AGF, Okoi Obono-Obla said the impression being created with the NJC’s recall of the suspended judges was that it was unaware of a pending appeal against Justice Ademola’s acquittal.

    Obono-Obla said: “I want to debunk the false impression created in some sections of the media that the NJC was not aware or that there was no appeal filed by the Office of the Honourable Attorney General of the Federation against the ruling of Honourable Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja dated the 5th April, 2017 in Charge No. CR/21/2016 between Federal Republic of Nigeria versus Adeniyi Francis Adetokunbo Ademola and two others which discharged and acquitted the defendants.

    “Nothing can be further from the truth. Indeed, the office of the Honourable General of the Federation filed notices of appeal against the ruling of Honourable Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja over his ruling discharging and acquitting the three defendants on the 7th April, 2017.

    “Accordingly, the Court of Appeal pursuant to Order 8 Rule 2 (a) of the Court of Appeal Rules has invited Counsel to the Appellant (the Federal Republic of Nigeria) and the Respondents to attend Court on the 6th June 2017 to reconcile documents for record of appeal.

    “I therefore state without fear of contradiction that the appeal against the ruling of Honourable Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja discharging and acquitting the defendants Charge No. CR/21/2016 between Federal Republic of Nigeria versus Adeniyi Francis Adetokunbo Ademola and two others is pending before the Court of Appeal.”

     

  • Justice Ademola resumes duties

    Justice Ademola resumes duties

    Justice Adeniyi Ademola of the Federal High Court, Abuja resumed duties Wednesday in line with a recent directive by the National Judicial Council (NJC) directing six suspended judges to resume duties.

    The judges were those suspended last year following their investigation by the Department of State Services (DSS) on allegations of corruption.

    They include Justices Ademola (of the Federal High Court), John Okoro (of the Supreme Court), Hydiazira A. Nganjiwa (Federal High Court), Musa H. Kurya (Federal High Court) and  Agbadu James Fishim (National Industrial Court of Nigeria).

    Of the six judges, The Nation has been able to confirm Justice Ademola”s resumption. He sat at exactly 9.30am and has been sitting since then, attending to cases.

    One of the early callers in Justice Ademola’s court this morning was Joe Agi (SAN), whose case was taken first.

    Agi stood trial with Justice Ademola in the alleged corruption case brought against them, including the judge’s wife, before a High Court of the Federal Capital Territory (FCT), which freed the defendants on the ground that the prosecution failed to prove its case.

    The prosecution said it has since appealed the judgment of the High Court of the FCT.

    Meanwhile Justice Babatunde Quadri (also of the Federal High Court, Abuja, will rule on July 7 on an application by Agi seeking the return of the case involving former Jigawa State governor, Sule Lamido to Justice Ademola.

    Lamido, who is being tried with seven others, including his two sons and five firms on 27-count charge, is accused of engaging abuse of office and money laundering involving about N1.3billion.

    They were being tried before Justice Ademola until the judge’s suspension late last year, following which the Chief judge of the Federal High Court; Justice Ibrahim Auta transferred the case to Justice Quadri.

    Rather than allow the trial to start afresh before the new judge, Agi queried the transfer of the case and asked that it be returned to Justice Ademola for the trial to continue, a request the prosecution objected to.

  • NBA urges Nasarawa to appoint more High Court Judges

    NBA urges Nasarawa to appoint more High Court Judges

    The Lafia Branch of the Nigeria Bar Association (NBA) has urged the Nasarawa State Government to appoint more High Court Judges to hasten the dispensation of justice.

    Its chairman, Mr Mudi Dikko, made the call on Monday in Lafia, during the 2017 Appeal/Call over Session to review cases already decided by the lower courts.

    “High Court 1, Keffi, High Court 5, Lafia, and the entire High Court in Nasarawa have no judges; they have been lying fallow. This has affected the judiciary and we cannot continue this way,” he said.

    He said that the dearth of high court judges was hampering the delivery of justice, and advised government to act “immediately”.

    “Recommendations for the appointment of more judges was made more than one year ago. We keep wondering what is happening,” he said.

    Dikko also urged the government to establish more high courts to give litigants more opportunities for speedy justice.

    The NBA also cautioned against the constant transfer of judges, pointing out that such movement was detrimental to the cause of justice.

    In his response, Justice Suleiman Dikko, Nasarawa State Chief Judge, attributed the delay in the appointment of judges to an order from the National Judicial Council (NJC).

    “The NJC has directed that no new high court judge should be appointed until the state government provides befitting accommodation, court rooms and vehicles to those to be appointed,” he said.

    He, however, said that he had directed the Chief Registrar to commence the process of establishing another upper area court in Nassarawa-Eggon, due to the high number of cases there.

  • NJC recalls suspended justice

    NJC recalls suspended justice

    The National Judicial Council (NJC) has recalled Justice Inyang Okoro of the Supreme Court who was suspended with seven other justices in November 2016.

    In a statement issued in Abuja on Saturday by the council’s Director of Information, Mr Soji Oye said the council also recalled Justice Uwani John of the Court of Appeal, Justice Adeniyi Ademola, Justice Hydiazira Nganjiwa and Justice Musa Kurya of the Federal High Court.

    Okoro and seven other judges were suspended after a raid on their homes by the State Security Service.

    Justice Agbadu Fishim of National Industrial Court of Nigeria also benefited from the council’s decision.

    The News Agency of Nigeria (NAN) reports that three of the affected judges were charged to court, but only Ademola’s case was conclude in which he was discharged and acquitted.

    Oye said the decisions were taken at the NJC’s 82nd meeting held on May 31 and June 1presided over by the Chief Justice of Nigeria, Justice Walter Onnoghen.

  • Treat petitions on merit, lawyers urge NJC

    Treat petitions on merit, lawyers urge NJC

    Some lawyers have called on the National Judicial Council (NJC) to treat all petitions before it on merit without favouritism or political bias.

    They made the call in separate interviews with the News Agency of Nigeria (NAN) on Thursday in Abuja.

    Mr Ibrahim Abdullahi said that the recent call by the Chief Justice of Nigeria, Justice Walter Onnoghen urging Nigerians to write petitions against corrupt judges was pertinent.

    Abdullahi, however, urged the council to handle all petitions and their investigations accordingly and devoid of prejudice.

    “The National Judicial Council, which is saddled with the responsibility of disciplinary actions on judges so to speak, should treat petitions against judges on merit.

    “We have heard of cases whereby some judges were being petitioned before the council and nothing was done while some judges had lost their jobs as a result of the petition.

    “All petitions should be treated on merit and if possible it should be done in the public,” he said.

    Mr Kola Adeyemi, while condemning alleged political undertones in the handling of high profile cases and petitions, reiterated the need for the rule of law in delivering justice.

    “The council should intensify efforts in sanitising the system and in training judges.

    “We need serious advocacy and penalties in purging the judiciary of any corrupt practice and serving judges need to sit up at this point,” he said.

  • I did not order arrest of judges – Buhari

    I did not order arrest of judges – Buhari

    Following the arrest, last year of some Federal High Court Judges and Supreme Court Justices, an Abakaliki based lawyer, Onu John Onwe have dragged President Muhammadu Buhari, and the Attorney-General of the Federation, Abubakar Malami, to court.

    Also joined in the suit are the Director of State Security Services (DSS), Lawal Daura, Inspector-General of Police, Ibrahim Idris, Chairman of Economic and Financial Crimes Commission (EFCC), Ibrahim Magu and National Judicial Council (NJC).

    The DSS had in a commando-style on the night of 7th and 8th of October 2016 raided the homes of some judges, searched their residences, arrested and detained them.

    Some of the Judges including Justice Nwali Ngwuta of the Supreme court are still standing trial for alleged corruption.

    Apparently worried at the manner the whole operation was conducted, the treatment metted out to the judges, and its legal and political implication on the rule of law and activities of the judiciary, Onwe filed a suit at the Federal High Court sitting in Abakaliki accusing the defendants of not acting in accordance with the rule of law.

    RELATED: Why Corrupt Judges must be punished – Sagay

    Onwe also accused the President and Mr Malami of prevailing upon the NJC to suspend the said Judges and Justices from their offices and performance of their judicial functions.

    Onwe in an affidavit he deposed in support of the originating summons, said the President, the Attorney General and the NJC did not follow due process as stated in sections 292 (1) and Paragraph 21(1) of the third schedule to the constitution of the Federal Republic of Nigeria in the arrest, suspension and arraignment of the judges.

    He also claimed that the actions of the defendants induce insecurities in the judiciary and judiciary officers in the discharge of their duties and indeed in the enforcement of the fundamental human rights guaranteed under Chapter 4 of the Constitution of the Federal republic of Nigeria 199 as amended.

    When the matter came up for a preliminary hearing Friday, the plaintiff who also doubles as the Counsel to the Plaintiff, Onu John Onwe told the court that some of the defendants including  Buhari, Attorney –General, DSS, IGP and NJC have been served while the EFCC have not been served.

    Onwe who is the plaintiff and counsel to the plaintiff had told the court that the court bailiff had gone to the EFCC twice to serve the anti-graft agency but that the agency refused to accept the service.

    Onwe noted that he instituted the suit to check the excesses of the executive, describing the invasion of judges homes in the midnight as unconstitutional and a flagrant abuse of rule of law.

    What we are concerned about is the interpretation of certain provisions of the constitution.  We are not contesting the fact even though the defendants are saying that I don’t have the locus standi to challenge their actions because it affects the whole nation, that one person cannot come and say that he is aggrieved on their action but I am aggrieved because their action is affecting me as a lawyer and that is why I am challenging their action. I don’t feel secure in my practice and also as a olitician – Onwe.

    Samuel Ede who is counsel to the National Judicial Council explained that the plaintiff is challenging the arrest of some Judges.

    “This matter is what the plaintiff called an unlawful invasion of the various homes of Judges and Justices of the Supreme court.  He said it has put his practice as a Lawyer on line or at stake. This matter concerns NJC because it is the body in charge of laws in Nigeria, it is a supervisory body.

    RELATED: Judgement without justice

    “The plaintiff is in a position to appraise the matter but this court is in a position to take its position on it”, he said.

    However, President Buhari and the Attorney General of the Federation, who are the 1st and 2nd respondents in the matter, have denied issuing the orders for the invasion and arrest of the judges and justices of the federal high courts and supreme courts.

    According to a counter affidavit filed by Counsel to the President and the Attorney, Mr Balla Ali, the duo in paragraph 8 succinctly denied that the orders for the invasion and subsequent arrest were issued by the Buhari.

    “That it is not true that the orders for the act of siege and invasion of residences of the said judges and justices of the Federal High Courts and the Supreme Court of Nigeria were made by the 1st Defendant, neither did the 2nd Defendant issue any such statement owning and/or accepting responsibility for giving order and or directive authorizing the Department of State Security operatives nor agents to carry out any acts of siege, invasion nor searches of residences, arrests nor detentions of any such judges and justices for several hours in the DSS detension cells until the said judges and justices were released at any order of the 1st Defendant”, he said.

    The Presiding Judge, Justice Akintola Aluko, however, insisted that EFCC must be served before the matter can commence for proper hearing and adjourned till June 12 for hearing.

     

  • Lamido rejects transfer of case from Justice Ademola’s court

    Lamido rejects transfer of case from Justice Ademola’s court

    Former Governor of Jigawa State, Sule Lamido, has kicked against the transfer of his trial before the Federal High Court, Abuja from Justice Adeniyi Ademola to another judge of the court, Justice B.O Quadri.

    Lamido, who is being tried with seven others including his two sons and five firms on 27 counts abuse of office and money laundering involving about N1.3bn, said he was not comfortable with the transfer.

    The decision by the court’s Chief Judge, Justice Ibrahim Auta to move Lamido and others’ trial to Justice Quadri was informed by Justice Ademola’s suspension.

    Justice Ademola was handling the case until last October when the National Judicial Council (NJC) directed him and other judges, accused of corruption, to stop sitting pending the determination of the cases against them.

    Justice Ademola was later tried with his wife, Olabowale and a lawyer, Joe Agi (SAN) before Justice Jude Okoke of the High Court of the Federal Capital Territory (FCT), who later upheld the defence’s no-case submission and dismissed the charge against them.

    Agi, who is had served as Justice Ademola’s lawyer, is also the lawyer to Lamido. Justice Ademola has howver not resumed sitting.

    When the case involving Lamido and others was mentioned Wednesday before Justice Quadri,  Agi informed the court about an application he filed for the case to be returned to Justice Ademola’s court.

    Agi’s application is hinged on the provisions of section 98(2), 396(3) of the Administration of Criminal Justice Act.

    It is his contention that the decision of the Chief Judge to re-assign the case to another judge was contrary to law.

    He argued that the case was filed since September 2015 and that since then 18 witnesses had testified.

    Agi alleged that the prosecution is against the continuation of the trial before JusticeAdemola in spite of the number of witnesses so far called and the length of time already exhausted during the trial.

    He added that “Trial de novo in the circumstances of this case will be prejudicial to the rights of the defendants who are entitled to have their case heard and determined within a reasonable time.

    “That even though prosecution is predicating its opposition on the conjecture to wit: the impression of the public which hs no place in law.

    “The transfer of a part-heard criminal case is not done as a mater of course by the Chief Judge.”

    The prosecuting agency, the Economic and Financial Crimes Commission (EFCC) has objected to the return of the case to Justice Ademola.

    In an earlier letter dated April 11, written by a lawyer to the EFCC, Chile Okoroma to the court’s Chief Judge, the prosecution said it was opposed to any move to return the case to Justice Ademola.

    The prosecution stated in the letter that even though about 18 witnesses had been called by the prosecution “before the trial of Justice Ademola and Joe Agi SAN, it will not be in the interest of Justice for the case to be transferred back to Justice Ademola’s court for continuation of trial.”

    “This is because of the negative impressions the public may have about the outcome of the trial, whether the defendants are acquitted or convicted. In addition, the few of this public perception may put the Judge under intense pressure, which may affect his judgement”, the letter added.

    The lawyer, who represented the prosecution at yesterday’s proceedings, Sadisu Abubakar urged the court to grant him time to respond to Agi’s application.

    Justice Quadri later adjourned May 3 for the hearing of the application by Agi.

    Those being tried with Lamido are Aminu Lamido, Mustapha Lamido, Wada Abubakar, Bamaina holdings limited, Bamaina company Nigeria limited, Bamaina Aluminium limited, Speeds international Limited and Darlington Agoha.

     

  • ‘How NJC violates its guidelines on judges’ appointment’

    ‘How NJC violates its guidelines on judges’ appointment’

    The National Judicial Council (NJC) has been accused of violating its guidelines for appointment of high court judges.

    Among others, the NJC Judicial Appointment Guidelines 2014 provides that available vacancies be published before any judge is appointed.

    A human rights group, the Access to Justice (A2J), Monday said the Guidelines were not complied with in the appointment of three new judges of the Lagos State High Court.

    “Our research showed that the Lagos State Judicial Service Commission failed to publicise the the judicial vacancies on notice boards of both the High Courts and Nigerian Bar Association (NBA) branches, and on its website.

    “There was no call or public notice whatsoever requesting an expression of interest from suitable candidates on the Lagos State Judiciary’s website, on the notice boards of high court divisions, or on the notice boards of the NBA branches,” the group said.

    It added that there was no letter to NBA chairmen calling for candidates’ nomination, nor were the names of those nominated sent to NBA for comments as provided in the Guidelines.

    “Access to Justice now invites the NJC to independently investigate claims suggesting that the Guidelines were flouted in the recruitment of new judges of the Lagos State High Court, and insists on the observance of due diligence in future judicial appointments at both state and Federal levels,” the group said.

    It urged NJC to be a bit more thorough to ensure that the standards it set are met and that it does not shoot itself in the foot.

    A2J also faulted the continued detention of leader of the Islamic Movement in Nigeria (IMN), Ibrahim El-Zakzaky and his wife.

    It said by continuing to detain them despite court orders that they should be released, the Federal Government “is endangering democracy and the rule of law”.

    The group also faulted the forced eviction of residents of some parts of Lagos, such as those of the waterfront communities of Otodo-Gbame.

    “In accordance with the principles of pubic international law, the government is required to give adequate notice prior to the demolition of any building, ensure that due compensation is paid to affected persons, and safeguard the resettlement of evicted persons. These were not met,” it said.

  • PDP crisis: NJC clears Justice Abang of wrong doing 

    PDP crisis: NJC clears Justice Abang of wrong doing 

    The National Judicial Council (NJC) has cleared Justice Okon Abang of the Federal High Court of allegations of misconduct made against him by a faction of the People’s Democratic Party (PDP) on his judgement which recognised the Ali Modu Sheriff committee as the authentic leadership organ of the party.

    The allegation of misconduct was contained in a petition to the NJC written by individuals in the Senator Ahmed Makarfi faction of the PDP.

    The NJC’s clearance of Justice Abang is contained in a letter dated March 17 and signed by its Secretary, Danladi Halilu, issued by the council after investigating allegations in the petition.

    The NJC, in the letter sighted by The Nation Tuesday, said it found no merit in the petition against Justice Abang.

    NJC said it deliberated on the petition at its meeting held on February 23, 2017 and found no merit in the petitions. It added that it proceeded to dismiss the petition after Justice Abang reacted to it.

    The NJC in the letter with reference number NJC/ F.3/FHC 44/VII/55 said: “At the end of deliberations, the council found that your petition finds no merit as there was no sufficient material before the NJC to infer that the judge sat on appeal over the decision of his brother judge of coordinate jurisdiction.

    “The appeal therefore lacked merit and is subsequently dismissed”.

    In another development, the NJC also dismissed the petition dated November 7, 2016, by Heritage Bank PLC,  against Justice Abang for lacking in merit.

    The bank, in its petition against the judge, accused him of improper judicial conduct and bias against it in judicial proceedings before him.

  • Buhari appoints Grand Kadi for FCT

    Buhari appoints Grand Kadi for FCT

    …To be sworn in Friday by CJN

    President Muhammadu Buhari has approved the appointment of Kadi Ibrahim Rufai Imam as the Acting Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory (FCT).

    Director, Information of the National Judicial Council (NJC), Soji Oye, said in a statement yesterday that the appointment was sequel to the retirement of the former Grand Kadi of the court

    He said Kadi Rufai will be sworn-in on March 16 by the Chief Justice of Nigeria and Chairman of the NJC, Justice Walter Onnoghen.