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Tag: National Judicial Council

  • Judiciary’s role in anti-graft war, by SERAP

    The Socio-Economic Rights and Accountability Project (SERAP) has launched the Nigeria Anti-Corruption Performance Assessment Survey, with some recommendations on how the Judiciary can tackle corruption, reports JOSEPH JIBUEZE.

    The Judiciary has a critical role to play in tackling corruption, but how can it do so when the institution is perceived to be corrupt?

    The Chief Justice of Nigeria and the National Judicial Council (NJC) must proactively promote transparency and accountability in the judiciary, according to a civil society group, the Socio-Economic Rights and Accountability Project (SERAP).

    The group said the judiciary should identify and review all outstanding cases of judicial corruption and refer such cases to appropriate anti-corruption agencies.

    The Judiciary must also apply the Code of Conduct for judicial officers in a consistent and transparent manner, with full respect for the fundamental guarantees of fair trial and due process, SERAP said.

    The group wants the CJN and the NJC to grant suspected corrupt judges the right to have disciplinary decisions reviewed by a higher judicial tribunal.

    These were some of the recommendations in the Nigeria Anti-Corruption Performance Assessment Survey conducted by SERAP.

    The latest survey is published as part of the organisation’s implementation of the Anti-Corruption in Nigeria (ACORN) project funded by UK aid from the British people.

    SERAP said the views expressed in the report do not necessarily reflect the UK government’s official policies.

    The group urged the Judiciary to improve the process of judges’ appointment, and to promote their continuing education and training.

    It wants their professional integrity protected and disciplinary proceedings enforced in a fair and consistent manner.

    SERAP believes the Judiciary should publish annual reports of all its activities, including expenditure, and provide the public with reliable information about its governance and organisation, including the number of judges found to be corrupt.

    “Ensure that the Chief Justice of Nigeria and all other judges make periodic asset disclosures; promote proactive disclosures of conflicts of interest by judges as soon as they become apparent,” the group urged the Judiciary.

    Besides, it said victims of judicial corruption should be encouraged to speak out so that they can enjoy access to effective remedies.

    Key findings

    The national survey carried out last November and December covered the police, judiciary, power, education and health sectors.

    The Survey targeted a total of 2,655 respondents selected from seven states spread across the six geo-political zones of Nigeria and the capital city of Abuja. The sample was proportionate to population size across these zones.

    SERAP said data for the survey was collected through a survey among ordinary citizens picked through simple random sampling of Nigerians above 18 years; in-depth interviews with key governance experts including representatives of national anti-corruption bodies, trade unions, the business community, media, lawyers, academia, people living with disability and university student leaders; and a review of the legal and institutional frameworks guiding anti-corruption efforts in Nigeria to assess their effectiveness

    The survey finds a lack of political goodwill to consistently enforce the different anti-corruption laws; inadequate funding for the various anti-corruption agencies; and weak public support and/or ownership of the anti-corruption initiatives.

    Other key findings are the poor clarity of roles between various anti-corruption agencies, as well as public perceptions of politicisation of corruption arrests and prosecutions.

    The report finds that several Nigerians still pay a bribe to access police, judiciary, power, education and health services, with 70 per cent of Nigerians describing the level of corruption as high, the state of affairs remaining the same in the last five years.

    According to the survey, there is a 63 per cent probability that an average Nigerian would be asked to pay a bribe each time he/she interacted with the police.

    The likelihood of bribery in the power sector stood at 49 per cent, according to the report.

    The chances of encountering bribery at the judiciary, education and health services stand at 27 per cent, 25 per cent and 20 percent.

    On prevalence of bribery, the police were the most adversely ranked on the indicator.

    For every 100 police interactions reported by the respondents, there was a bribe paid in 54 interactions.

    The prevalence levels stood at 37 per cent in the power sector, 18 per cent in education, 17.7 per cent in the judiciary and 14 per cent in the health sector.

    On perceived impact, 51 per cent of the individuals that paid bribes to the police and 35 per cent to the power sector believed this was the only way to access the services sought from the institutions.

    The ranking of the education sector and the judiciary was less adverse with 16 per cent perceiving bribery as the main avenue of accessing services in the institutions, and health services recording 13 per cent.

    On share of national bribe, the police and judiciary had the largest proportion of total bribes paid at 33 per cent and 31 per cent.

    Bribes paid for education, power and health services accounted for 19 per cent, 10.9 per cent and five percent of all bribes reported.

    On average size of bribe, the survey finds that the average amount of bribe paid by the respondents was highest among those who paid to the judiciary at about N108,000 (US$ 298).

    N12, 253 and N11, 566 were reportedly paid to the police and education sectors, and N6,462 and N5,143 paid for health and power services.

    Reforming the police

    SERAP said the Buhari administration and the Inspector-General of Police (IGP) Mohammed Adamu can leave a positive legacy by improving police accountability and proactively working towards ending all forms of corruption within the rank and file.

    It called on the IGP to streamline and prioritise internal control mechanisms by establishing an Ethics and Inteegrity Unit at each police station.

    The unit, the group said, should include a human rights officer, an anti-corruption officer, and an officer responsible for service delivery complaints.

    SERAP said these personnel should be assigned the exclusive duties to:

    • Receive and investigate complaints of bribery and corruption against police officers filed by members of the public.
    • Liaise with community leaders and civil society organisations in regard to incidents of police bribery and corruption within the community.
    • Report incidents of police extortion and bribery to the divisional police officer, and appropriate internal and external oversight bodies.
    • Protect members of the public who file complaints against police bribery and corruption from harassment, violence, or any other form of reprisal.”

    Role of international organisations

    SERAP urged th einternational community to issue public and private statements denouncing corrupt practices in Nigeria.

    It said they should help shine a light on bribery, extortion, and embezzlement in the public sectors, particularly in the police, the judiciary and the ministries of power, education and health.

    “The United Nations, the African Union and members of the international community should support Nigerians in the fight against corruption in the country,” SERAP said.

    They should also call on the authorities to investigate all outstanding allegations of corruption involving these sectors promptly, thoroughly and effectively and to hold anyone found to be involved to account, SERAP recommended.

    The international community, it added, should impose condition funding to the Nigerian government, including financial and technical assistance.

    It said foreign aid should be based on measurable progress in holding public officers implicated in corruption in the police, judiciary, and ministries of power, education and health accountable.

    SERAP said the international community should target funding and technical assistance for the Nigerian government to initiatives that directly improve financial transparency and address accountability.

    It added that all officers in the police, the judiciary and the ministries of power, education and health who participate in international missions or training courses should be required to publicly declare the total value of all personal assets.

    “Impose visa bans on senior public officers in the police, the judiciary, and ministries of power, education and health credibly implicated in corruption,” SERAP added.

    Other suggestions

    The survey recommends the establishment of an independent commission of inquiry to conduct a transparent, comprehensive, and impartial investigation into systemic corruption in the police, the judiciary as well as the ministries of power, education and health.

    There is also need to amend the Code of Conduct Bureau and Tribunal Act to ensure public access to asset declarations made by public officials, SERAP said.

    It called for urgent passage of the Proceeds of Crime Bill, the Whistleblowers Bill, and the Witness Protection Bill among other relevant pieces of legislation.

    SERAP wants the establishment of civil society desks by the Economics and Financial Crimes Commission (EFCC) to facilitate and improve access to corruption complaints in key public service sectors.

    The group advocated the identification and review of all outstanding cases of judicial corruption, and referral of such cases to appropriate anti-corruption agencies.

    To ensure transparency, SERAP called for quarterly publication of budget execution reports that detail monthly state government income from federal allocations and other sources, and state government expenditure in all key sectors.

    Besides, there is the need to establish mechanisms to support and promote strong public participation in anti-corruption initiatives through the provision of a platform for public awareness on corruption and by making the citizens’ voice more central in any intervention.

    Falana hails SERAP

    Activist-lawyer Mr Femi Falana (SAN) said unlike many elitist organisations which have a penchant for dismissing the Federal Government’s anti-corruption policy, SERAP has adopted certain measures to hold public officers accountable in a country where impunity has been institutionalised.

    In a goodwill message at the survey’s launch, he said: “Apart from exposing corrupt practices of public officers by writing petitions to the anti-graft agencies, SERAP engages in campaigns and embarks in public interest litigation with a view to promoting public accountability and transparency in the management of public resources.

    “In particular, SERAP has used the provisions of the Freedom of Information Act to obtain information from Ministries, Departments and Agencies of the federal government on the funds earmarked for the provision of water, electricity, roads hospitals etc for the Nigerian people.

    “In fact, SERAP has secured mandatory orders from the Federal High Court to compel recalcitrant public officers to render the account of their stewardship.”

    Falana said by hearing directly from the masses, SERAP has finally resolved to collaborate with the Nigerian people in the struggle to end grand corruption in the country.

    “It is hoped that SERAP will ensure that all victims of grand corruption are actively involved in the struggle for the actualisation of the socioeconomic rights enshrined in chapter 2 of the Constitution.

    “Without compelling the federal, state and local governments to channel public resources towards the development of the country, the looting of the public treasury will continue unabated,” Falana said.

    Among those at the launch were France Ambassador represented by Mr. Blanc Barllulemy, Prof Akin Oyebode, who chaired the event, Bureau for Public Procurement (BPP) Director-General represented by Mrs. Amaka Obinna, and Nigerian Bureau of Statistics Statistician-General represented by Mrs Lola Talabi-Oni.

    The Central Bank of Nigeria (CBN) Governor was represented by Dr. O. E. Olowofeso, Mr. Chadiugha Emeka and Mr M. M. Nagogo; Edo State Attorney-General was represented by Mr George Ntor, while the Code of Conduct Bureau (CCB) chairman was represented by Mr Olusoji Ola.

    The IGP was represented by an Assistant Commissioner of Police Saadat Ismail; the Independent Corrupt Practices and other Related Offences Commission (ICPC) chairman was represented by Mr. Japhet Udeani , while the UNODC Nigeria was represented by Ms Princess Chifiero and Mr. Adebusuyi Adeniran.

    EFCC Acting Chairman was represented by Mr Ayo Oyewole; Amnesty International, Nigeria Executive Director was represented by Mrs Ikubaje Esther, the Minister of State for Petroleum Resources was represented by Mr Salisu Muktar, among several others.

  • PDP drags judge to NJC for halting Bauchi election collation

    The Peoples Democratic Party ( PDP ) has petitioned the National judicial Council (NJC) over what it described as violation of the Constitution and Electoral Act by Justice Ekwo Inyang of the Federal High Court.

    The party accused the judge of sitting on a matter that ought to have been handled by an election petition tribunal, in line with the provisions of our laws.

    Justice Inyang had granted an Exparte Order stopping the Independent National Electoral Commission (INEC) from concluding the governorship election in Bauchi State.

    In a statement on Wednesday by spokesman of the PDP, Kola Ologbondiyan, the party said Justice Inyang violated Section 87(10) of the Electoral Act, which states that no court has the power or jurisdiction to stop any election pending the determination of a suit.

    In an affidavit sworn to by the PDP’s National Chairman, Prince Uche Secondus, in Abuja, the party noted that issues of collation of results and declaration of winner, are post-election events and, therefore, fall under the Electoral Act and constitutional provisions for the election petition tribunal.

    Secondus stated in the affidavit: “Despite this clear provision of the law, Justice Ekwo decided to hear the application of Alhaji Mohammed Abubakar and his political party, the All Progressives Congress (APC), within twenty four hours on 19th March, 2019 and issued an order on INEC not to continue with the election until the case before him is finally decided.

    “That the collation of results is a post-election event and under section 87(10) of the Electoral Act, no court has the power or jurisdiction to stop any election pending the determination of a suit.

    “That an election includes voting, collation of results and the declaration of results.

    “That as a result of the order on the Independent National Electoral Commission, the conclusion of the Bauchi State Governorship election which was to take place on 19th March 2019 was stalled.

    “That the order of Justice Ekwo was made contrary to the provisions of the Constitution of Nigeria, 1999 as amended dealing without fair hearing and also section 87(10) of the Electoral Act.

    “That the Chief Justice of Nigeria has constituted the various Election Petition Tribunals in Nigeria to handle such cases and the assumption of jurisdiction by Justice Inyang Ekwo is an affront to the constitution and electoral wishes of the people of Tafawa Balewa Local Government Area and Bauchi State”.

    The main opposition party insisted not only did Justice Inyang violate the clear provisions of the Electoral Act, the motion granted was also an affront to the electoral wishes of the people of Bauchi State who have clearly chosen their next governor in voting for the PDP’s candidate, Senator Bala Mohammed.

    The PDP urged the NJC to save the country’s democracy by taking an urgent step against the alleged violations by Justice Inyang.

  • Onnoghen is subject to law, he can be arrested – Sagay

    Eminent professor of law Itse Sagay (SAN) on Wednesday said Chief Justice Walter Onnoghen was not above the law, so the order to arrest him for failing to appear before the Conduct Tribunal (CCT) was in order.

    Sagay told our correspondent that the suspended Chief Justice of Nigeria (CJN) should have appeared before the CCT to demonstrate his regard for the rule of law.

    He said: “I don’t want to speak much on it, because whatever I say, they will pour petrol and set fire on it.

    “But from the beginning when this problem started, I said that no one is above the law.

    “Ask yourself, if you or I were the ones accused, would we not appear before the CCT?

    “How is Onnoghen different from the rest of us legally and constitutionally? No way,” Sagay said.

    The Presidential Advisory Committee Against Corruption (PACAC) Chairman disagreed with former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN) who said the CCT’s order was subversive of the rule of law since a petition against Onnoghen was pending before the National Judicial Council (NJC).

    Sagay said: “I don’t want to criticise Agbakoba, but they should think of the future of this country.

    “They should not create a privileged class that is not subject to law whilst others are subject to it. At the end of the day, it will bring the law into contempt.

    “I think Onnoghen should have appeared before the CCT to show that as the former head of the Judiciary, he has great respect for the rule of law.”

  • Onnoghen’s suspension: Senate APC caucus seeks to join suit

    The All Progressives Congress (APC) Senate Caucus Monday applied to the Supreme Court to be joined in the suit filed by the Senate challenging the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    The application of the APC Caucus to be joined in the suit is coming despite the withdrawal of the suit by the leadership of the upper chamber.

    The Senate President, Bukola Saraki, had in a statement said that they decided to discontinue the case due to the intervention of the National Judicial Council (NJC) in the matter.

    Senate Leader, Senator Ahmad Lawan, in another statement, said that the APC caucus decided to join in the suit to challenge the inclusion of its members by the leadership.

    Read Also: Onnoghen’s suspensionnot signal to dictatorship – FG

    The statement reads: “The Senate caucus ‎of the All Progressives Congress (APC), consisting 56 senators, being the majority party in the Senate, today Monday, 4th February, 2019, applied to the Supreme Court, to join in the suit purportedly filed by the Senate, against the President and Commander-in-Chief of the Federal Republic of Nigeria, as interested parties.

    “The APC senators rely on the Supreme Court (Additional ‎Original Jurisdiction) Act of 2002, which provides that the resolution of the respective chambers of the National Assembly is a prerequisite of filing such suit.

    “The caucus is therefore challenging the said suit and objects to the inclusion of its members.”

    It is not clear whether the Senate APC caucus application to be joined in the suit was made before the Senate withdrew the suit.

    It is also not clear if the caucus will insist on going ahead with the suit.

  • ‘Don’t give Justice Tanko’s appointment religious colouration’

    The Kaduna State chapter of the Supreme Council for Shariah in Nigeria, (SCSN) has warned against giving the appointment of Justice Muhammad Tanko a religious colouration.

    Justice Muhammad Tanko became the Acting Chief Justice of Nigeria (CJN) following the suspension of Justice Walter Onnonghen for non-declaration of his asset.

    In a press conference led by its Chairman, Sheikh Sambo Rigachikun and the Secretary, Engr. AbdurRahman Hassan in Kaduna, the SCSN warned that further agitations against the suspension of justice Onnonghen as the Chief Justice of Nigeria (CJN) could polarize the fragile country, rather than uniting it.

    The Muslim body also called on the South-South governors and the Coalition of United Political Parties, (CUPP) among others agitating over the suspension of Justice Walter Onnonghen to exercise absolute restrain and let justice prevail on the matter.

    While urging the Federal government not to succumb to any form of pressure from ‘some quarters,’ that may amount to breakdown of law and order and do all it could within the constitutional provision to bury the issue, the Muslim body said it is expected of the National Judicial Council, (NJC) to discharge its duty at all cost by making appropriate decision against any judicial officer that is unfit and improper to be a judicial officer in the land, as the trust is on them.

    They cautioned those attempting to give the appointment of Acting Chief justice,  Tanko Muhammad and other happenings in the judiciary a religious colouration to be mindful of the fact that; “it is a costly trend, it’s an ill wind that will blow no one good, in this country.”

    Read Also: Tanko Nuhu buried in Nasarawa

    According to SCSN: “It is disheartening that the same Senior Advocates that saw the suspension and removal of Justice Salami are now faulting the similar action against Justice Onnonghen. How can a Senior Advocate will degrade himself to think within the whim of his ethnicity and religious sentiment?  This is unfortunate.

    “It is quiet fresh in our memory when the then President of the Court of Appeal, Justice Isa Ayo Salami faced the same fate of suspension and removal not on allegation if corruption from his side under the Jonathan’s administration, but because he tried in his own way to uphold justice, unfortunately it did not go down well with the then administration.

    “It is a fact that the same administration also suspended the then CBN Governor Sanusi Lamido Sanusi for whistle blowing on some missing funds.  Heavens did not fall. No any Muslim protested that his own was removed illegally, simply because he acted patriotically in favor of our dear nation,” the Muslim body recalled.

    The council however urged all Muslims and the public in general, to be law abiding and pray fervently for peaceful coexistence in the country.

  • Good riddance

    NJC’s dismissal of two judges over alleged corrupt practices is good for the country and the judiciary

    We commend the National Judicial Council (NJC) for its effort in fighting corruption in the judiciary. Last week, the council’s spokesman, Soji Oye reported: “The National Judicial Council under the chairmanship of the Honourable Mr. Justice Walter Samuel Nkanu Onnoghen, GCON, at its 87th meeting which was held on 3rd October 2018, recommended the removal by dismissal from office, of Hon. Mr. Justice R. N. Ofili-Ajumogobia of the Federal High Court and Hon. Mr. Justice James T. Agbadu-Fishim of the National Industrial Court of Nigeria.”

    That action is in accordance with the provisions of the 1999 constitution (as amended). By the Third Schedule Part 1 Paragraph 21(b) of that constitution: “The National Judicial Council shall have power to – recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph, and to exercise disciplinary control over such officers.” The said sub-paragraph (as amended) refers, amongst others, to judges of the Federal High Court and National Industrial Court.

    So it is in exercise of the powers as provided above that NJC investigated the two judges. Again, according to Mr Oye: “Hon. Mr. Justice R. N. Ofili-Ajumogobia was recommended to President Muhammadu Buhari, GCFR, for removal by dismissal from office pursuant to the findings by the council on the allegations of misconduct contained in a petition to the council by the Acting Executive Chairman of the Economic and Financial Crimes Commission, Mr Ibrahim Magu,”

    With respect to Justice Agbadu-Fishim, he said: “Hon. Mr. Justice James T. Agbadu-Fishim of the National Industrial Court of Nigeria was also recommended for removal by dismissal from office sequel to the findings of the council on the allegations contained in another petition by the Acting Chairman of the Economic and Financial Crimes Commission (EFCC),” Having found both of them culpable, the NJC placed them on suspension, while it recommends their removal by sacking. We urge the President to deal with the request expeditiously so that the two officials would face their trial in court.

    On several occasions in the past we had urged the NJC to stringently apply its disciplinary powers as provided in the constitution, to deal with the scourge of corruption in that arm of government. The finding of the NJC confirms the need for consistent vigilance in the discharge of its onerous constitutional duty. With respect to Justice Ofili-Ajumogobia, the spokesman said “several personalities, individuals, government officials and business partners lodged funds into various accounts belonging to the Hon. Judge, and there was an ex-parte communication between the Hon. Judge and Mr. Godwin Oblah, SAN, during the pendency of his matter before his lordship.”

    The report of the findings on Justice Agbadu-Fishim, is also very damning. The judge is alleged to have “received various sums of money from litigants and lawyers that had cases before him, and some influential Nigerians, under the false pretence that he was bereaved or that there was delay in the payment of his salary. This is contrary to the code of conduct for judicial officers of the Federal Republic of Nigeria.”

    With respect to other allegations against the two judges which are already before the court, the commission declined to deal with them as they are sub-judice.

    While applauding the EFCC for its efforts, we recall that the cases against some other judges were dismissed because the executive branch had, according to the courts, infringed on the overriding powers of the NJC to first discipline judges, before trial.

    To avoid a technical ambush in the future, the EFCC must seek the best legal advice on how to avoid such leeway for corrupt judicial officers. It is not in the interest of democracy, the country or even the judiciary for such officers accused of corruption to escape trial because of technicalities. Judges are supposed to be moral exemplars; therefore, like Caesar’s wife, they are supposed to be above suspicion. Any of them found wanton, particularly if the malfeasance bordered on corruption, should have his day in court.

    What the NJC did is the standard practice all over the world. If the judiciary is to be the last hope of the common man, and a dependable one at that, then those in the temple of justice too must realise that they are not above the law.

  • It is wrong for Judicial officers to maintain corporate account – NJC

    The National Judicial Council (NJC) on Friday told an Ikeja High Court  that that  judicial officers are not allowed to maintain and maintain corporate account in the course of service.

    An official of the NJC, Ramatu Hassan Ahmed stated this while been led in evidence by prosecuting counsel of the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo at resume trial of Justice Rita Ofili-Ajumogobia and Chief Godwin Obla for alleged unlawful enrichment.

    Ahmed identified, the first defendant, Rita Ofili Ajumogobia as customer to the accounts including corporate accounts, in which $894,400 and N56, 230,005 were deposited.

    Alluding to relevant section of the handbook, she said, paragraph 8.5 of the handbook stated that it is wrong for a judge to use his position for personal advantage, neither can a judge use his/her position to contact any colleague with a view to influencing the outcome of a case.

    She earlier referred to paragraph 2.5 of the book and stated expressly that a “judge shall not accept gift from a lawyer who might appear before him and accept gift provided the gift is not given in period of festivities and it is  not of pecuniary nature.

    Ahmed also told the court that estacode due to judicial officers  are paid in Naira and not in foreign currency.

    She enumerated the role of judicial officers as found in the code of conduct for judicial officers and handbook.

    Ramatu told the court that aside their salaries and estacode, judicial officers receive other allowances as spelt out in their handbook.

    She however explained of such allowances and other payments are disbursed through the respective courts where they serve.

    Attempt by Oyedepo to make her interprete provisions of the handbook was objected to  by Wole Akoni (SAN), counsel to the first defendant (Rita Ofili Ajumogobia) and Ifedayo Adedipe(SAN), counsel to the second defendant (Godwin Obla).

    Adedipe told the court that a witness cannot  interprete the content of the document before the court.

    He said that the question the prosecution is asking is irrelevant under the Evident Act.

    “She has tendered the document, it is for the court to interprete the document”, he argued. Earlier, Akoni had told the court that it is trite law that evidence must be relevant to the charge and that what is being read is not relevant to the charge against his client.

    However, failure by EFCC to produce another witness after cross examination of the NJC official sparked a row between the judge, EFCC and the senior lawyers.

    Justice Hakeem Oshodi, responding to the request of the prosecuting counsel that the matter be adjourned due to the absence of the next witness, said it was not in the place of the prosecution to say that trial cannot go on.

    “Let the court be the one that will say, trial cannot go on. You did not come fully prepared. It is good that NJC is here. Tell them this is what is happening, we got stuck because there is no more witness, not the court.  I hope you are seeing it”, he said, adding that he has set aside the whole of Friday for the case yet the EFCC is seeking adjournment.

    Oyedepo who was still on his feet said, “My lord, I brought a witness and was cross-examined today. I brought a witness, but I did not know how long the cross-examination will take. The last time, a witness was examined for two days, the witness has been coming. The last time, the witness was in court. I don’t need anybody to commend me, but I know that the little contribution I have made, I know I am not indolent, I am not lazy”, he said.

    Justice Oshodi, at this stage, cautioned  Oyedepo and told him to leave such commendation  at the discretion of the court and to learn to do  away with such mentality.

    Responding, Adedipe said, “today’s adjourent at Oyedopo’s  instance is painful. My learned SAN just got his son a wife, but he is here because Oyedopo asked us to be here. You granted press interview blaming senior lawyers for delay. I ought to be in Akure but I am here. I would have asked for a cost”, he said

    Adedipe said  that  there is need to amend the law so that the antigraft agency can pay for cost.

    “I will also be asking for adjournment sometime in October”, he said.

    But Justice Oshodi  objected, stressing that will give the impression that the court is responsible for the delay.

    At prosecution’s request, the matter was adjourned till  June 8 for continuation of trial.

  • Sweet and sour

    The news report that the National Judicial Council (NJC) has set up seven investigative panels to probe 25 judges accused of corrupt practices by the Economic and Financial Crimes Commission (EFCC), is sweet and sour. It is sweet because it shows that the NJC has adopted an expeditious process to deal with allegations of corruption in the judiciary, as we have urged here severally. The news is sour as the number of judges under probe by the anti-graft agency underscores the level of challenge facing the judiciary.

    According to NJC’s Director of Information, Mr Soji Oye, NJC, under the chairmanship of the Chief Justice of Nigeria, Justice Walter Onnoghen, took the decision at its 86th meeting held on May 8 and 9, 2018. In his words: “Petitions written against the 25 judicial officers and others by the EFCC were also considered by the council, after which it resolved to empanel seven committees to look into the allegations,” The EFCC sent in the petitions against the judges, following the judgment of the Court of Appeal, Lagos Division, which dismissed the charges against Justice Hyeldzira Nganjiwa of the Federal High Court in Abuja, on the grounds that under the 1999 Constitution, the NJC is empowered to first determine the fate of judicial officers before they can be charged to court.

    We hope the NJC will henceforth determine expeditiously any petition over corrupt practices against any serving judicial officer, whether of the High Court, Court of Appeal or the Supreme Court, as its contribution to the fight against corruption. The delay in dealing with petitions had been raised by law enforcement agencies in the past. Again, the recent dismissal of cases against judges, because they were not first dealt with by NJC, even though based on a constitutional imperative, do not buoy confidence in the judiciary in the war against corruption.

    No doubt we support the application of due process in the investigation and trial of judicial officers, but considering the importance of that arm of government in the fight against corruption, every legitimate effort must be made to clean it of corrupt officials. Since the constitution has given NJC the power to cast the first stone on corrupt judges, we urge it to always do so without hesitation, once a prima facie case of corruption is established against a judicial officer. The old system of allowing allegations of corruption against judicial officers to linger must stop.

    For us, Nigeria is facing an emergency with regards to corrupt practices in public service, and so it behooves those in authority to adopt emergency measures, to stem the tide. We therefore commend the multiple panels set up by NJC and hope they will deal with their assignment expeditiously. No doubt, corruption has eaten deep into the fabrics of our nation and the judiciary is no exception. Tragically, corruption in the judiciary is far reaching, because the judicial officers have enormous constitutional powers, which include the power to punish for corruption.

    So, when a judicial officer is corrupt, the result is that corruption festers and a corruption-ridden country cannot make any progress, whether economic, political or social. Such a country stagnates in the cesspool of corruption. Unfortunately, to a large extent that has been the fate of Nigeria. To start the arduous task of cleaning our political and economic systems, the judiciary must be at the vanguard. Not much can be achieved otherwise, considering that we run a constitutional democracy.

    Take for instance the several infamous election petition tribunals that have caused our country so much in resources and social cohesion. Where politicians believe that the judiciary can be compromised, they rig elections, believing that the end justifies the means. Thus we have seen those not duly elected serve as governors and legislators for nearly a full term before their elections are declared as invalid. In such circumstance, elections become a do-or-die affair.

    Again, when judges are corrupt, commercial disputes can easily be compromised and the consequence on the national economy can be so disastrous. So, judicial corruption affects the level of direct foreign investment and even the unlawful flight of capital, as those involved know that the judiciary can easily be compromised. In our country, simple commercial disputes like loan transactions linger in our courts, and that discourages banks from giving out facilities even to genuine investors.

    The fight against corruption must be won if Nigeria is to make progress. If we have our way, the burden of proof in criminal trials should be shifted to the accused, especially in cases of graft. Considering the level of impunity by public officials, we don’t mind if the constitution, relevant criminal laws and evidence act are amended to allow that.

     

     

  • Drama as Innoson’s counsel engages court in war of words over jurisdiction

    A mild drama ensued on Tuesday at an Ikeja Special Offences Court as the chairman of Innoson Motors Nigeria Limited, Innocent Chukwu failed to appear in court for his arraignment, for the fourth time.

    Innoson had previously failed to face charges of alleged fraud preferred against him by the Economic and Financial Crime Commission on January 17, February 9 and March 14.

    At the last sitting of the court on March 14,  Innoson through his counsel, Mr George Uwechue (SAN),  was said to have petitioned the National Judicial Council (NJC) over Justice Mojisola Dada, the judge trying the case.

    He was said to have expressed doubts of getting a fair trial before the judge.

    At resumed sitting of the court yesterday, Justice Dada told Innoson’s defence team led by Mr Uwechue that she would not hear any application brought by them in the absence of the defendant.

    “No application will be moved in the absence of the defendant, my position remains the same.

    “You can bring a thousand applications before me for all I care but no application can be heard in this court without the presence of the defendant,” Justice Dada said.

    Earlier,  Uwechue had moved that the defence has an application challenging the jurisdiction of the court to entertain the charges brought against his client by the EFCC.

    He argued: “where there is an application before the court challenging jurisdiction, the court has a duty to hear the application even in the absence of the defendant.” Justice Dada, however, insisted that she will not hear any application until Innoson was present in court.

    Uwechue, apparently taken aback by the response of the trial judge, insisted that his application must be taken by the court.

    “You cannot stand me down My Lord, you cannot stampede me My Lord. I’m an octogenarian, I’m 50 plus years at the bar,” Uwechue shouted.

    But Justice Dada would not be moved with the outburst of the defence counsel but rather retorted that that is the more reason why Uwechue should be better composed and comported, and mustn’t   injure himself.

    The heat generated by Uwechue’s outburst, further led to an exchange of words between the senior lawyer, Prof. J. N Mbadugha and the lead prosecuting counsel for the EFCC, Mr Anselem Ozioko.

    At a point, Uwechue threatened to quit legal practice because of the conduct of Ozioko, the EFCC counsel.

    Ozioko had told the court earlier that proceedings can go on despite the petition written to the NJC against Justice Dada by the defendant.

    “I have it on good record that where there is a petition against a court, the court can proceed with the matter.
    We have the NJC’s directions to that effect so that we can proceed with the case.

    “I have also been served with many processes today by the defence one of which is a motion asking the court to set aside a process that my learned friend, Mbadugha, had received in open court.

    “I’m sure that he realizes that it will affect him negatively, that is why he brought the motion,” he said.

    The EFCC prosecutor added that the anti-graft commission was taking steps to ensure Innoson’s attendance in the next court date.

    Mbadugha, who is also the defence lawyer for Innoson Motors Nigeria Ltd, had also told the court that he had through an appeal, challenged the jurisdiction of the court to hear the case.

    “We have not been availed of the NJC’s directive, we have gone to the court of appeal as regards jurisdiction,” Mbadugha said.

    Chukwuma and his company, Innoson Motors Nigeria Limited are to be arraigned on a four-count charge of conspiracy to obtain property by false pretenses, obtaining property by false pretenses, stealing and forgery.

    According to the charge sheet, the defendants committed the offences between 2009 and July 2011 in Lagos.

    The EFCC had alleged that defendants, with intent to defraud, conspired to obtain by false pretenses, containers of motorcycle, spare parts and raw materials, property of Guaranty Trust Bank (GTB) from Mitsui OSK Lines Limited, Apapa, Lagos.

    They were alleged to have fraudulently induced staff of Mitsui OSK and Maersk Line to deliver to them via their clearing agents the goods which were imported from China in the name of GTB by falsely pretending that they were authorised by the bank to clear the goods.

    The prosecution claimed that the defendants forged a bill of lading numbered 598286020 of Maersk Line Limited and 11007950841 of Mutsui O.S.K Lines by knowingly putting a false GTB stamp and signature of the bank staff in order to facilitate the fraud.

    It was alleged that the forged documents were meant to be used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere.

    The EFCC said the offences contravened Sections 1(1)(b), 1(3), and 8(a) of the Advanced Fee Fraud and Other Related Offences Act 2016 and Sections 309(9), 388, 465 and 467(1)(j) of the Criminal Code, Laws of Lagos State 2003.

    Justice Dada adjourned the matter until May 24 for arraignment of the automobile boss.

    NAN

  • PDP alleges persecution of Ekweremadu in property forfeiture suit

    The People’s Democratic Party (PDP) has alleged persecution of the Deputy President of the Senate, Ike Ekweremadu in a property forfeiture suit filed against him by the Federal Government.

    In a statement on Thursday by the party’s National Publicity Secretary, Kola Ologbodiyan, the PDP called on the government to stop hounding members of opposition parties.

    The federal government has approached the Federal High Court seeking to seize some properties said to belong to the lawmaker but which he failed to declare in documents he filed with the Code of Conduct Bureau.

    Some of the properties listed include houses said to b located in the United Kinddom, United States, United Arab Emirates, Abuja and Enugu.

    But the PDP, in the statement, frowned at the Motion Exparte filed by the Special Presidential Investigation Panel for the Recovery of Public Property against Ekweremadu, saying it was part of a plot to silence opposition elements.

    The statement added that while the PDP was in full support of any genuine anti-graft war, the All Progressives Congress (APC) – led administration’s obsession with Ekweremadu was another clear indication that it was not ready to fight corruption, but rather out to scandalise, persecute, and bring down its perceived opponents.

    The party said, “The PDP recalls that this government rushed to arraign Senator Ekweremadu and the Senate president, Dr. Bukola Saraki in 2016 on trumped up charges of forgery of Senate Standing Rule, even when there was no even a mention of their names in the contentious police report or Proof of Evidence. It eventually withdrew the charges for lack of merit.

    “The police raided and ransacked Senator Ekweremadu’s official guest house in Abuja in May 2017 and blamed it on false whistleblowers, which they charged to court. Nothing has been heard about the trial of the alleged false whistleblowers again.

    “In the current matter, apart from relying on an obsolete law to dabble into the roles of the Code of Conduct Bureau, we are not surprised that the Panel could not carry out a thorough and independent investigation on the purported property of the senator, but relied on a petition by the former Chief Judge of Enugu State, Justice Innocent Umezulike, who is standing corruption trial in several courts, after his removal from office by the National Judicial Council (NJC) in 2017.

    “We recall that the senator accused Umezulike and some politicians of stealing and doctoring his will, inserting non-existent properties or properties that had nothing to do with him.

    “It is also instructive that this calculated smear campaign is in the guise of forfeiture of phantom assets came on the heels of Senator Ekweremadu’s alarm and scathing criticism of the APC-led administration over the nation’s deteriorating democracy and in the midst of the ongoing executive-legislature faceoff, in which a ranking senator of the APC extraction identified Ekweremadu as a pillar of support to the Senate President”.

    The PDP insisted that contrary to the Federal Government’s claims, Senator Ekweremadu had assured it that he declared his assets.

    It wondered why the Federal Government, by its own admission, rushed to court without completion of investigation, but had turned deaf ears to the outcry by Nigerians for the prosecution of the administration’s functionaries and friends indicted for corruption.

    “This government and party have the appetite for prosecution and media trial of the opposition while investigation is on, but refuses to prosecute its members and friends indicted by even its own presidential or ministerial panels.

    “While members of the opposition are taken to court on stretchers, the former Secretary to the Government of the Federation, Engr. Babachir Lawal, indicted by both the Senate and a presidential panel only got a pat on the back.

    “The APC Federal Government has failed to prosecute those involved in the Ikoyigate scandal, and the recall of fugitive Abdulrasheed Maina, among others.

    “Ekweremadu is a major symbol of the opposition. We believe that this is part of the grand plan to strangulate the PDP ahead of the 2019 elections and we will resist”, it added.

    The PDP traced Ekweremadu’s travails to attempts by the ruling party to strangulate the opposition ahead of the 2019 election and challenged the Federal Government to publish the assets of APC political office holders.

    “Now that the Federal Government has gleefully inundated the public with the imaginary assets of the Deputy Senate president, can it now also publish the full assets of President Muhammadu Buhari, Vice President Yemi Osinbanjo, cabinet ministers and APC governors, who have all failed to make public their assets as promised during the 2015 election”.