The Nation Newspaper

Tag: National Judicial Council (NJC

  • Justice Ademola’s ‘agent’ demanded N25m bribe – Witness

    Justice Ademola’s ‘agent’ demanded N25m bribe – Witness

    • Fails to link judge with the bribe request
    A former Director, Pension Accounts, Office of the Head of Civil Service of the Federation, Sani Teidi on Tuesday insisted that Justice Adeniyi Ademola of the Federal High Court demanded N25million bribe from him.
    Teidi, who is being tried for alleged diversion of N4.5billion pension fund, stood trial before Justice Ademola in 2013, during he was granted N1b bail, which conditions he could not meet.
    Testifying yesterday, as the 6th prosecution witness, at the resumed trial of Justice Ademola and two others, Teidi said the judge made it difficult for him to get bail because he failed to part with a N25 bribe allegedly demanded by the judge.
    The witness was, however, unable to link the judge to the demand of the bribe as he merely claimed the judge’s agent, who he identified as Keneth O., acted for the judge.
    Justice Ademola, his wife, Olabowale and a lawyer, Joe Agi (SAN) are being tried before a High Court of the Federal Capital Territory (FCT) on allegation of acceptance of gratification, illegal possession of firearms and ammunition.
    Led in evidence by prosecution lawyer, Segun Jegede, Teidi said the judge’s refusal to vary his bail condition informed why his (Teidi’s) wife petitioned the National Judicial Council (NJC), accusing the judge of misconduct.
    Teidi said the judge’s  agent met him and left an account number into which he was to pay the bribe.
    Teidi said the judged initially refused to grant him bail, but that after being persuaded by his lawyer to grant bail, the judge kept giving excuses for not signing the documents to facilitate his release.
    He said, “My sureties were one Chief Okey and the second one Igbelimeta Farm Project Limited. They now perfected the bail.
    “After it was perfected, my lawyer, S.I Ameh (SAN), reminded Justice Ademola that our bail conditions had been perfected and the judge said he was aware.
    “But the judge said my case was like Boko Haram, kidnapping and terrorism and so, he would take his time to study it before he would append his signature. Then the case was adjourned.
    “The next time we met in court Justice Ademola, said rain fell on my file so there was no way he could look at it until the file was dry.
    “I appeared before him not less than seven times. I was arraigned around April 2013. I know why my bail was not approved. I got to know around November/December (2013).
    “I got to know that I would not be allowed to go out because the account sent by the agent, Kingsley . O, was not credited.
    “We applied for variation since my remaining surety, Igbelimeta, was unable to meet the N1bn condition. But Justice A.F.A Ademola said N1bn was not too much and that I should go and perfect it.
    “Then we went on appeal. I was in prison for one year and two months before I went on appeal. The appeal succeeded and I was granted bail.
    “The bail condition given by the Court of Appeal was one surety with a property worth N100m within the FCT. It was perfected.
    “The Appeal Court also ordered that I deposited my passport and produced a surety with property worth N100m, that must be resident in Abuja.
    “The Appeal Court also ordered that I should produce the tax clearance of the surety for three years
    “The Court of Appeal also ordered that the case be transferred and that the case should be heard by other judges of the Federal High Court but not Justice A.F.A Ademola,” the witness said.
    He said while in custody, Justice Ademola issued an order of permanent forfeiture of his properties earlier temporarily seized by an order made by the judge before whom he was earlier standing trial, Justice Adamu Bello.
    He identified the properties as Brifina Hotel and Homo Filling Station, AY TED Filling Station.
    Jegede later tendered a certified true copy of the Court of Appeal’s judgment granting bail to Teidi, and the document was admitted by the court as an exhibit.
    Under cross-examination, the defence confronted Teidi with a report issued by the  NJC after investigating the witness’ bribery allegation against the judge in a petition by his wife, Fatimah.
    The report, containing the findings of the NJC’s panel which investigated the petition, was read to the witness by Justice Ademola’s lawyer, Onyechi Ikpeazu (SAN).
    The report revealed that the findings of the NJC panel showed that, as against Teidi’s claim, the judge only issued a bench warrant against the witness after he failed to appear in court on two different occasions despite being duly notified.
    It also revealed where the panel noted that, although the prosecution did not ask for the bench warrant, the judge, as a master of his court, made the order for Teidi’s arrest in accordance with his power.
    The report also said the alleged “onerous” bail conditions which the judge  imposed on the witness, fell within the discretion of the judge and there was no evidence that the judge acted in “reproach”.
    The report also revealed that the NJC’s investigative panel accepted Justice Ademola’s explanation to the effect that the bail sum was commensurate to the N4.6bn Teidi allegedly stole.
     The panel said the granting of bail was a matter within a judge’s discretion and that the judge was not bound by the decision of another judge.
     Th panel found, in the report,  that Teidi’s wife was unable to provide the identities of numerous “anonymous calls” from persons asking her to pay N25m bribe for her husband’s release, and so linking the callers to the judge was “a mere suspicion” that could not be legally relied on “no matter how strong the suspicion is”.
    The defence also confronted Teidi with a report of the investigation conducted by the police on the issue, which revealed that one of the sureties produced by Teidi, in fulfilment of the bail granted him, presented a forged Certificate of Occupancy to the court.
    When asked by one of the defence lawyer, Robert Clarke (SAN) how he, a defendant in a criminal case,  suddenly became a “friend” of the Department of State Service (DSS), the witness was silent.
    Clarke accused Teidi of serving “as a tool in the hand of DSS to do what they wanted you to do”.
    The trial continues on Wednesday.
  • Why north can’t produce another CJN, by NBA VP

    Why north can’t produce another CJN, by NBA VP

    Second Vice President of the Nigerian Bar Association (NBA) Mr. Monday Ubani has warned President Muhammadu Buhari of the danger of appointing the next Chief Justice of Nigeria (CJN) from the northern part of the country.

    This, he said, could further alienate Justices of the Supreme Court (JSC) of southern origin.

    Ubani, who spoke Monday during the newspaper headlines analysis show of Radio Continental FM, Lagos, observed that the CJN had been appointed from the north for 29 years consecutively and that the next in rank to Onnoghen is Justice Ibrahim Tanko Muhammad from Bauchi State.

    Last November 10, Buhari named Justice Walter Onnoghen, who is the most senior JSC, as acting CJN following the retirement of Justice Mahmud Mohammed at the statutory age of 70.

    This followed Onnoghen’s recommendation for the post by the National Judicial Council (NJC).

    However, the president has not forwarded Onnoghen’s name to the National Assembly for confirmation as required by the constitution, meaning his three-month tenure expires on February 10.

    Ubani urged Buhari to confirm Onnoghen, 66, as, according to him, the president had not complained that the jurist was unqualified.

    He said: “For 29 years, the CJN emerged from a particular region. It was all on merit, nobody had an issue with it.

    “It eventually came to the point of a southerner producing the CJN and for the first time you now put him in an incapacity that raises eyebrows. Why? After the National Judicial Council has even gone ahead and cleared him and all that.

    “Mr President, send his name to the Senate for confirmation or ratification and you said no. Okay, now, nobody has heard any reason why his name has not been sent. So, the next thing we’ll hear when his time expires is for you now to go and say, ‘Oh! There is a reason why this man, (was not confirmed) and you’ll now go ahead and put a northerner again. How do you think people from other regions will feel?

    “No matter how right you are, and I agree with the issue of merit, but how do you now think that only one region will always be on merit, is more qualified than every other person when you have others also who are there? I want you all to think. Onnoghen met all the criteria, in fact he passed a rigorous process more than any other CJN.”

    The former chairman of the Ikeja NBA said Buhari’s appointment of the CJN should follow the federal character principle and the southerner so appointed should be selected on merit, otherwise feathers would be ruffled.

    He said: “No matter how altruistic his intentions are, meanings will be read and I’ll tell you this, collateral damage would have been done to his presidency, even for the next two or three years remaining and then for his next aspiration to be the president of this country.

    “Please let him not cause collateral damage to himself and also to the northerners. We love this country and want it to be united.”

  • Disaffection in Judiciary over unpaid December salary

    Disaffection in Judiciary over unpaid December salary

    There is disaffection among federal judicial staff and judges of federal courts owing to the non-payment of their December salary.
    The Nation learnt yesterday unlike staff of other arms of government, employees of federal judicial institutions have not been paid their December salary.
    Sources at the National Judicial Council (NJC) and Federal Judicial Service Commission (FJSC) in Abuja blamed the delay in salary payment on the Executive.
    It was learnt that the practice was for the Executive to deduct salaries and other funds due to federal Judiciary from the first line charge and remit same to the relevant judicial authorities, a responsibility the Executive Arm is said not to have carried out, thereby depriving the Judiciary of funds to meet basic needs including salaries.
    “It is not only federal judges that are being owed December salary. All Federal judicial staff have not been paid their December salaries.
    “It is always deducted as a first line charge and sent to us. But that has not been done till now. So, we are waiting on the Executive arm to deduct and send to us. Until that is done, there is nothing we can do from our side here,” a source at the NJC told The Nation.
  • Falana urge NJC, NBA to expose corrupt judges, lawyers

    Falana urge NJC, NBA to expose corrupt judges, lawyers

    Human Rights Lawyer, Chief Femi Falana (SAN) Monday  in Enugu charged the National Judicial Council (NJC) and the Nigeria Bar Association (NBA) to as a matter of urgency, secure the integrity of the judiciary by identifying and exposing corrupt judges and lawyers.

    Falana expressed fears that the corruption in the judiciary had become so alarming that “these days, no matter how bad your case may be, its outcome is determined by the size of your pocket”.

    He spoke as a guest speaker at the opening of the Law Week of the Enugu Branch of the NBA with the theme “Corruption and the Justice Sector: Implications for the Rule of Law and Democracy”.

    Falana said invading the homes of criminal suspects at night was completely out of order “whatever the offences may be”.

    He said the situation was becoming worrisome especially when the houses of senior military, police and officers of other law enforcement agencies accused of corruption have not been so invaded.

    He canvassed that the Attorney General of the Federation and Minister of Justice, Abubakar Malami should be vicariously held liable for the consequences of such raids having accepted that he was the one that authorised the raids on the homes of judges by operatives of the State Security Services (SSS).

    “The government should better watch it because I recalled that sometime during the military junta, myself, Beko Ransome-Kuti and Gani Fawehinmi were severally harassed by state agents for projecting human rights views. I later discovered that it was not actually Babangida that ordered such harassment but they were executed by those behind the Okar Coup who wanted the Human Rights community to have disdain and hatred for the Babangida administration,  so that when the topple him, our support would be enlisted.

    “I want to warn that criminal elements may soon wear masks, invade the homes of judges, kidnap some and possibly kill some and the blame will be on the government. If they don’t stop, I am also asking judges never to open their gates at night. If they come calling, call them thieves and they will run away,” he said.

    He however blamed the “ongoing embarrassment of our judges” on some senior lawyers who he accused of refusing to do the needful by exposing and shaming the few judges that are bent on dragging the integrity of the judiciary in the mud, insisting “there is no corrupt judge that is not known to the lawyers”.

    Because of the actions of few corrupt judges, the institution is being denigrated. We still have judges who are working in the most difficult conditions and have refused to be tainted. NBA should speak out and protect the good judges. A few judges, a few senior advocates, a few lawyers are corrupt. We should isolate them, name them and shame them. Allegations remain allegations, we have to stop at just pointing accusing fingers but go the extra-miles of carrying out thorough investigations so as to unveil these bad eggs.

    “Judges should also be mindful of the companies of lawyers they keep because these set of lawyers who are bent on destroying the system will put you in trouble. They have made the price to be high now. Our hardworking lawyers are now in trouble because the corrupt ones are beginning to dictate the pace. Our courts have become super markets where only the rich do their shopping,” Falana noted.

    While also not excusing the NBA leadership from the corruption spree, Falana who hinted that he would soon withdraw his membership of the association, said the national election of the association had become even more expensive than a state gubernatorial election where candidates spend as much as N700 million to run for the presidency.

    He also attributed some of the conflicting judgements coming from Federal High Courts especially in Lagos, Abuja and Port-Harcourt to the corrupt activities that have enveloped the judiciary, lamenting that the situation might degenerate if nothing was urgently done.

  • Bage, Galinje appointed as Justices of S/Court

    Bage, Galinje appointed as Justices of S/Court

    President Muhammadu Buhari, on Friday approved the appointment of Justices Sidi Bage and Paul Galinje, as Justices of the Supreme Court of Nigeria on the recommendation of the National Judicial Council (NJC).

    Mr Soji Oye, the council’s Acting Director of Information, made the disclosure in a statement made available to newsmen on Friday in Abuja.

    Oye said the two Justices would be sworn-in by Justice Walter Onnoghen, the Acting Chief Justice of Nigeria (CJN) on Dec. 5.

    The News Agency of Nigeria (NAN) reports that Bage and Galinje are from Nasarawa and Taraba state respectively.

  • Appointment of Tribunal Chair: Reps to transfer power to CJN

    Appointment of Tribunal Chair: Reps to transfer power to CJN

    The House of Representatives, on Wednesday, commenced the process of conferring exclusive power for the appointment of chairmen and members of National and State Houses of Assembly election tribunals in the 36 states and Abuja to the Chief Justice of Nigeria and National Judicial Council.

    Presently, the power to make those appointments is the exclusive preserve of the Appointment , as contained in section 1(3) of the Sixth Schedule of the 1999 Constitution (as amended).

    But a bill jointly sponsored by Rep. James Faleke (APC-Lagos), and Rep. Sunday Karimi (APC-Kogi), seeks to alter the section by taking the power off the Court of Appeal President.

    Leading debate on the Bill at plenary, Faleke explained that “the objective is to first and foremost contribute to the ongoing judicial and electoral reforms in the country.

    “Secondly, to create a system of check and balance on the process of appointing these judicial officers.’’

    “As it is now, the authority to appoint the judges for the tribunals as well as the appellate tribunal rests squarely on the President of the Court of Appeal.

    “This is in consultation with the Chief Judge of the state, the Grand Khadi of the Sharia Court of Appeal of the state or the President of the Customary Court of Appeal of the state, depending on the state where the said tribunal members are to be appointed from.”

    The Bill was unanimously adopted and passed for second reading through members’ voice votes and referred to the Special Ad-hoc Committee for review of the 1999 Constitution for further legislative action.

  • Senator petitions NJC, seeks probe of Uyo High Court judge

    Senator petitions NJC, seeks probe of Uyo High Court judge

    The Senator representing Akwa Ibom North East, Bassey Albert Akpan, has petitioned the National Judicial Council (NJC) seeking the probe of Justice Fatun Riman of the Federal High Court, Uyo, Akwa Ibom division over allegation of bias, judicial misconduct and arbitrariness.

    Senator Akpan sought the NJC leave to mandate Justice Riman to excuse himself from further hearing the case involving him and Hon. Bassey Etim pending in the Federal High Court, Uyo Division.

    Hon. Bassey Etim took Senator Akpan, the Independent National Electoral Commission (INEC) and the People’s Democratic Party (PDP) to court claiming that he was wrongly substituted in the primary election of PDP in Akwa Ibom State.

    Akpan in his petition addressed to the Chief Justice of Nigeria and Chairman of the NJC accused Justice Riman of “bias, arbitrariness and unfairness” in his handling of the case.

    Specifically, Senator Akpan noted that the petition to NJC was warranted by “the inauspicious ruling delivered by Justice Riman on 3rd November 2016 which artfully crafted in essence refused our application to amend our statement of defence in terms of our prayers and limited our right to amend to consequentially responding to the Plaintiff’s amended claim.”

    He added, “Despite the fact that Justice Riman informed us on 3rd November 2016 after the delivery of the ruling that the said Ruling was ready for collection, His Lordship has refused to avail me a Certified True Copy of the Ruling.

    “I’m by this petition respectfully calling on the Council to investigate Justice Riman in respect of these conducts which are unbecoming of a judicial officer and to humbly request that the council restrain him from continuing to handle this matter pending the determination of this petition.”

    Akpan insisted in the petition that Riman’s conduct and handling of the case showed complete bias against him and his party the PDP.

    He said, “The evidence of bias is amply reflected in and confirmed by his conflicting and unsupportable decisions and rulings against us as well as his refusal to release the certified true copies of the rulings and records of proceedings to me in spite of our having applied for same.

    “There is also evidence of bias against me due to Justice Riman’s conduct of always giving undue advantage to the plaintiff by assisting and conducting the plaintiff’s case from the Bench under the guise of fast tracking the proceedings and in effect hamstringing me by refusing to release certified true copies of the rulings and records of proceedings.”

    Akpan noted that the refusal of Justice Riman to release the certified true copies of the, “several adverse rulings and records of proceedings of the trial court, despite my applications has scuttled my right to study those rulings and make a decision on whether or not to appeal given gravity of this matter, thereby infringing my right to fair hearing and lends ample credence to my allegation of bias against Justice Riman.”

    He added, “My party and I have again filed a Notice of Appeal to challenge the Ruling refusing us to fully amend our statement of defence and we are in the process of filing a motion for stay of proceedings.

    “However, given the antecedent of Justice Riman and his handling of this case, I strongly believe he will refuse to grant the motion for stay regardless of his knowledge of the Appeal and this petition and in spite of his knowledge that I have written to the Chief Judge of the Federal High Court to request that he be ordered to rescue himself from the case.

    “I believe the Council should intervene and investigate Justice Riman’s conduct in this matter without prejudice to my application to the Chief Judge.”

  • NJC bars judges under probe from further sitting

    NJC bars judges under probe from further sitting

    The National Judicial Council (NJC) has barred judges currently being investigated for criminal offences from further presiding over cases and performing other functions relating to their offices pending when their innocence was established.

    NJC made the decision at its 79th meeting held in Abuja between Wednesday and Thursday.

    The Nigerian Bar Association (NBA) President, Abubakar Mahmud (SAN) had while speaking at a function in Abuja last week, suggested that judges recently arrested by the Department State Services (DSS) be made to step down until their cases were determined.

    The NJC responded, claiming it lacked the powers to order judges, against who allegations were made without any evidence provided to back such allegations, to cease to serve.

    The council was however silent, in a statement it issued yesterday, on the reason for its sudden change of mind.

    Part of the statement signed by NJC’s Acting Director, Information, reads: “Council decided that Judicial officers shall not be standing trial for alleged corruption related offences and be performing judicial functions at the same time.

    “Council however decided that it will ensure that judicial officers, who are being investigated for alleged high profile criminal offences do not perform judicial functions until their cases are concluded,” it said.

    The statement added that the NJC “at its 79th meeting held on the 2nd and 3rd day of November 2016, commenced implementation of specific aspects of the National Judicial Policy which came into force in April 2016 and was launched on Monday 24th  October, 2016.

    “During the Meeting, Council set-up a Transparency and Anti-Corruption Policy Implementation Committee as follows:

    *Hon Justice E. O. Ayoola, CON (Rtd Justice of the Supreme Court) – Chairman.

    *Hon Justice Kashim Zannah, Chief Judge of Borno State – Member.

    *A. B. Mahmoud, SAN, President Nigeria Bar Association – Member.

    “Section 6 of the National Judicial Policy aims at putting in place multifaceted strategies and guidelines that will ensure transparency and eliminate corruption in the Judiciary.

    “It seeks, amongst other measures, to provide a platform and opportunity to citizens who profess factual and credible knowledge of information on the nature and modalities of corruption in the judicial system to ventilate such.”

  • CJN identifies corruption as major challenge of Judiciary

    CJN identifies corruption as major challenge of Judiciary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • NJC faults NBA’s call for suspension of affected judges

    NJC faults NBA’s call for suspension of affected judges

    The National Judicial Council (NJC) has faulted the call by the Nigerian Bar Association (NBA) for the compulsory suspension of some judges recently arrested by the Department of State Services (DSS) on corruption allegations.
    The NBA President, Abubakar Mahmud (SAN) had, at a function in Abuja on Thursday, urged the affected judges to either be sent on compulsory suspension or cease to exercise their judicial powers until their innocence was proved.
    The NJC argued in a statement late on Friday that the NBA was wrong in calling for the judges’ suspension having earlier supported the council’s decision to condemn the arrest, which it described as an attempt to cow the Judiciary.
    The statement by its Acting Director, Information, Soji Oye, stated that the council could only exercise its disciplinary powers over judicial officers where due processes were complied with.
    NJC said the midnight invasion of the judges’ houses and their arrest by DSS violated due process and could not serve as a basis for the NJC to suspend the affected judicial officers.