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Tag: NJC

  • NJC directs Justices Ademola, Okoro, others to resume duties June 7

    NJC directs Justices Ademola, Okoro, others to resume duties June 7

    The National Judicial Council (NJC) has directed judges suspended last year  for alleged corruption to resume work on June 7.

    The judges were probed for alleged  corruption by the Department of State Service (DSS).

    They were subsequently suspended based on the  request of the Attorney- General of the Federation and Minister of Justice, Abubakar Malami (SAN) and the Nigerian Bar Association (NBA).

    The NJC, in a statement issued on Saturday by its Director of Information, Soji Oye, directed heads of the affected judges’ courts to ensure they resume work next Wednesday.

    The affected judges include Justice Adeniyi Ademola (Federal High Court), Justice John Okoro (Supreme Court), Justice Hydiazira A. Nganjiwa (Federal High Court), Justice Musa H. Kurya (Federal High Court), Justice Agbadu James Fishim (National Industrial Court of Nigeria) and Justice Uwani Abba Aji (Court of Appeal).

    The statement said the Council took the decision to recall the judges at the end of its 82nd meeting held between May 31 and June 1.

    According to the statement, NJC issued warnings to some other judges and dismissed petitions against 12 others.

    It reads: “The NJC, under the Chairmanship of Hon. Justice Walter. S. N. Onnoghen, at its 82nd meeting which was held on 31st May and 1st June, 2017, considered the case of eight judicial officers who were directed to excuse themselves from duties on the request of the Attorney-General of the Federation pending the outcome of investigations against them.

    “To maintain the integrity and sanctity of the judiciary and sustain public confidence, the judicial officers were directed to excuse themselves from office with effect from 2nd November, 2016.

    “After deliberation, NJC noted that out of the judicial officers directed to excuse themselves from performing their official duties, only three have been charged to court.

    “They are:- Hon. Justice N. S. Ngwuta, CFR, of the Supreme Court of Nigeria; Hon. Justice A. F. A. Ademola of the Federal High Court; and Hon. Justice Rita Ofili-Ajumogobia of the Federal High Court.

    “The trial of Hon. Justice A. F. A. Ademola has been concluded and he has been discharged and acquitted of the charges filed against him.

    “In view of the foregoing, Council decided that the various heads of court should direct the following judicial officers to resume their judicial duties with effect from Wednesday 7th June, 2017, as there are already backlog of cases in their various court for the past eight months.

    “They are Hon. Justice John Inyang Okoro of the Supreme Court; Hon. Justice Uwani Abba Aji of the Court of Appeal; Hon. Justice Hydiazira A. Nganjiwa of the Federal High Court; Hon. Justice A. F. A. Ademola of the Federal High Court who has been discharged and acquitted; Hon. Justice Musa H. Kurya of the Federal High Court; and Hon. Justice Agbadu James Fishim of National Industrial Court of Nigeria.”

     

     

  • Atiku seeks transfer of power to appoint INEC chair to NJC

    Atiku seeks transfer of power to appoint INEC chair to NJC

    Former Vice President Atiku Abubakar yesterday advocated the transfer of the power to appoint Independent National Electoral Commission (INEC) Chairman from the President to the National Judicial Council (NJC).
    Atiku, who spoke while receiving the Hero of Nigeria Democracy Award, said winners of elections should not be sworn in until all the legal challenges to such elections are disposed of.
    He added that funding of the electoral umpire should be drawn  from the first line charge in the Consolidated Revenue Fund.
    The All Progressives Congress (APC) chieftain said restricting the Nigeria federation and devolving power to the federating states and decentralising governance remain the only way forward for a true Nigeria.
    He blamed the quest for power beyond the regions by First Republic leaders for the crisis that brought the nation to its present state.
    The former vice president, who spoke on the topic: “Building a Nation that Works: My Diary and Way Forward”, lamented that the Nigerian nation doesn’t quite work the way it should, adding that the citizens must identify the reasons and steps needed to make it work well for all.
    He said: “To further strengthen our democracy, we need to reform our politics, especially by reforming our electoral system. Such reform must ensure that those who emerge as winners after an election are really those freely chosen by the people.
    “The electoral reform should largely be along the lines recommended by the Justice Mohammad Uwais panel on electoral reforms.
    “For example, funding the electoral umpire from the first line charge in the Consolidated Revenue Fund is critical; transferring the power to appoint the chairman of the electoral umpire from the President to the National Judicial Council will help, as will efforts to curb the role of money and godfathers in our elections.
    “I have also been arguing that the declared winner of an election should not be allowed to assume office until all legal challenges to that election have been resolved. The recent Supreme Court decision nullifying the election of a member of the House of Representatives and ordering him to refund the pay that he had collected as a member is an encouraging sign.
    “Hopefully that decision will serve as a disincentive to those aspirants and candidates who wish to engage in electoral fraud.
    He criticised the federal system as “unitary federalism, saying it’s characterised by the centralisation of power and resources, with the resulting excessive dependence on the centre by federating units. ”

  • Judges’ appointment: Group accuses NJC of violating guidelines

    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), 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.

    A2J, through its Executive Director Joseph Otteh, urged NJC to be more thorough to ensure that the standards it set were met and that it did not shoot itself in the foot.

    On Judges’ appointment, it said: ‘’We didn’t violate NJC guidelines, says Lagos

    But, the Lagos State Judicial Service Commission denied breaching the guidelines.

    In a statement by its Executive Secretary, Mrs. Ayodele Odugbesan, the commission said it was impossible for it to appoint any judge without the supervision of the NJC.

    “For the avoidance of doubt, the Judicial Service Commission does not appoint but recommends to the NJC suitable persons for nomination to the position of judges of the state high court in line with the Third Schedule Part II(c) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

    “To the best of our knowledge, the NJC does not only issue guidelines but also supervises compliance to the letter and no judge would have eventually emerged except the said guidelines are strictly followed.

    “Hence, the procedure that led to the appointment of the judges was in strict compliance with the guidelines as laid down by the NJC,” the statement said.

  • ‘How NJC violates 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), on Monday said the guidelines were not complied with in the appointment of three new judges for the Lagos State High Court.

    “Our research showed that the Lagos State Judicial Service Commission failed to publicise 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.

     

  • NJC shuts Bayelsa courts for six months

    About 10,000 cases are pending at different Federal High Courts in Yenagoa, Bayless State, following the closure of the courts by the National Judicial Council (NJC).

    The state’s Attorney-General and Commissioner for Justice, Mr. Kemasuode Wodu and the Nigerian Bar Association (NBA) in Yenagoa and Sagbama lamented that federal courts including the National Industrial Court (NIC) had been shut for six months.

    Speaking in Yenagoa on Friday, Kemasuode described the situation as worrisome, saying the two courts were closed down because the presiding judges, Justice Hajiya Nganjiwa of the Federal High Court, and Justice Terseer Agbadu-Fishim of NIC were being investigated by the Economic Financial Crimes Commission (EFCC) for alleged corruption.

    Wodu said the legal practitioners and the government were worried that the courts were not sitting, adding that the courts had only one judge each.

    He noted that government sent a delegation to the relevant judicial authorities including the Chief Justice of the Federation, the Attorney-General of the Federation and the NBA on the matter without any success.

    According to him over 10,000 cases were pending in the courts following unavailability of judges.

    He said apart from the Lagos, Abuja and Port-Hacourt divisions, Yenagoa was the next in terms of pending cases.

    He said: “As a government, we are seriously bothered about the non- sitting of the two courts. We hear that the two judges of the Federal High Court and the National Industrial Court are being investigated by security agencies.

    “Unfortunately for us, the two courts have only one judge each hence the courts are not sitting. Apart from the Lagos, Abuja and Port-Harcourt Divisions of the Federal High Court, Yenagoa is next in terms of cases. These courts even require more than one judge each.”

     

     

  • Lawyer knocks NJC’s recommendation

    A constitutional lawyer, Ebere Uzoatu, has faulted the National Judicial Council (NJC)for recommending the investigation of a lawyer, Mike Ojiako, by the police and the Nigerian Bar Association (NBA). He said NJC has no powers over lawyers and non-judicial officers.

    The NJC asked Abia State Governor Okezie Ikpeazu to dismiss a high court judge, Justice Ugbor Ononugbo, over a matter involving the estate of the late businessman, Chief Dike Udensi Ifegwu (DUBIC). The NJC also recommended that Ojiako, lawyer to DUBIC’s children, be investigated by the police and NBA for his involvement in the matter.

    Uzoatu said it was wrong for NJC to have made the order without first hearing from Ojiako, more so when NBA that was constitutionally empowered to investigate lawyers had done so and found him not guilty.

    He accused NJC of dabbling into a matter it has no constitutional powers and called for caution.

    Meanwhile, Ojiako the man at the centre of the storm, has threatened to sue the NJC if it did not rescind the directive.

    Ojiako, who expressed shock over the NJC’s directive, said one of the brothers of DUBIC, Orum Ifegwu Udensi, wrote a petition against him to NBA over the same matter.

    He said after going through the matter, it was dismissed as NBA saw no merit in the petition.

    The lawyer said he was shocked to learn that after asking the Abia State governor to dismiss the Judge, NJC said he should be investigated when NBA had already cleared him.

  • NJC recommends sack of two judges

    NJC recommends sack of two judges

    The National Judicial Council (NJC) has recommended the dismissal of a judge and the compulsory retirement of another having found them guilty of misconduct.

    Rising from its 80th meeting held between December 14 and 15, the NJC also resolved to issue letters of “strong warnings” to two judges of the High Court of Lagos State for some unethical conduct.

    It recommended the dismissal of Justice Ugbo Ononogbo of the Abia State High Court and the compulsory retirement from office of Justice Nasir Gummi of Zamfara State High Court of Justice with immediate effect.

    NJC has suspended both judges from office immediately pending when the governors of Abia and Zamfara states act on its recommendations.

    Those issued warning letters are Justice D. O. Oluwayemi of the Lagos judiciary and Justice M. A. Savage of High Court of Lagos State.

    NJC’s Director of Information, Soji Oye, said, in a statement yesterday, that the council took its decisions after exhaustively considering petitions written against the affected judicial officers.

    NJC also recommended police’s further investigation of some of the cases and some identified individuals who acted with the judges. They included some court staff and a lawyer. It recommended that the lawyer be disciplined by the Legal Practitioners Disciplinary Committee.

  • NJC urged to ensure efficient court’s operations

    NJC urged to ensure efficient court’s operations

    The National Judicial Council (NJC) has been urged to initiate new measures aimed at improvising efficiency in the operation of courts in the country.

    One of such measure, it recommended, is for the production of a time template to guide courts on sitting schedule and how long court businesses should be conducted daily.

    These are part of the recommendations contained in a report presented in Abuja yesterday by a group, Rule of Law and Empowerment Initiative (otherwise known as Partners West Africa, Nigeria – PWAN).

    Partners West Africa’s Programme Manager, Barbara Maigari said the report contained findings of the group’s court observation research process carried out in courts in the Federal Capital Territory (FCT) and Kano between October and November this year.

    Maigari, who argued that the decision on how long courts should sit in a day should not be left to the discretion of a judge, advocated a collaboration between the NJC and state Chief Judges or other heads of courts.

    Explaining the experience of the group in the course of its research, Maigarai noted that in Abuja, courts commence sittings averagely by 9. 45 am.

    “They went on recess at 11.35am, resumed from recess by 12.32pm and closed by 12.39pm. On average, court are sitting for about 2 hours, 58minutes.

    “There are judges and magistrates that are doing good work, they work tirelessly to ensure that cases on cause list are attended to,” she said.

    Retired Justice of the Supreme Court, Justice Olufunmilayo Adekeye, who is a member of the group’s board, commended PWAN’s advocacy efforts aimed at ensuring positive changes in the court system.

    She advised PWAN’s researchers to be more thorough in their subsequent studies.

    PWAN’s Executive Director, Kemi Okenyodo was quoted in a statement as commending judges of the High Court of the FCT, who were rated high in many areas including good conduct, control of their court’s, respect and courtesy to lawyers, among others.

    She urged the Judiciary to “improve on the management of transfer of judges, magistrates and their engagement in out of court assignments.

  • ‘Blame NJC for corruption in judiciary’

    Activists have blamed the National Judicial Council (NJC) for corruption in the judiciary by “deliberately ignoring obvious signs of corruption on the Bench”.

    The coalition of activists under the aegis of One Voice Civil Society Coalition, which includes the Human Rights Law Service (HURILAWS), the Access to Justice (AJ), the Centre for Constitutional Governance (CCG), among others, faulted NJC’s latest directive barring publication of petitions against judges.

    At a briefing , HURILAWS’ Director Mr Collins Okeke, said: “The NJC treated corruption as an internal problem and failed to make corrupt judges accountable to the same standards applicable to others, such as criminal prosecution for corruption.

    “It has been canvassed and rightly so that the NJC deliberately ignores obvious signs of corruption. There is also a feeling that the NJC procedure for discipline is overly formalistic and legal, making it extremely difficult for complaints to come forward.”

    The group faulted the new guidelines that forbids publication of allegations of misconduct against judicial officers or employees.

  • Senior lawyers hail NJC’s decision on judges under probe

    Senior lawyers hail NJC’s decision on judges under probe

    The National Judicial Council’s (NJC) decision that judges under probe should step down has received commendation from some senior lawyer, who said it was the right step to take at the moment.

    Ahmed Raji (SAN), Ifedayo Adedipe (SAN), Beluolisa Nwofor (SAN) and law teacher Wahab Shittu said the decision by the NJC would further strengthen public confidence in the judicial process and save the affected judges from unnecessary embarrassment.

    Raji said: “There is nothing wrong with that. I think it is to infuse public confidence in the judicial system. That they have been asked to step down did not mean they have been sacked or suspended.

    “What the NJC said is: ‘don’t sit.’ That is not suspension. And it did not mean that they have been sacked. It is a normal procedure in civil service. It is called interdiction.”

    Adedipe said: “Ideally, because the judiciary occupies a peculiar position in our society, there is a higher expectation of morality on its part.

    “So, if any judge, for whatever reason, is or even tangentially, accused of a conduct that is incompatible with his status as a judge, I think he should stay aside and have the matter investigated and concluded before starting to sit.

    “I believe that decision by the NJC is a correct decision. My view is that our society is in this problem because we have not been applying the right sanctions as at when due.

    “If a judge is accused of bribery or what have you, I think the proper thing for him to do is to recuse himself pending the resolution of the case. It does not mean that he has been found guilty, but you are setting a standard for the society.”

    Nwofor said: “To me the decision of the NJC on the issue is a right one. Never mind that the Senate President and some other politicians, who are accused of one offence or the other, have refused to step aside.

    “The Judiciary should show good example. It should be ahead of the other two arms in showing the proper way things should be done.”

    Shittu said the NJC’s directive would engender integrity, confidence in the judiciary and adjudicating processes.

    He said the decision of the council should, however, not be misconstrued that it was trying to protect the judges.

    He said: “The NJC’s decision has nothing to do with the presumption of innocence of the indicted judges in respect of their investigation and trials.

    “It is a correct decision to take in the circumstances because justice is rooted in public confidence. I don’t think it would be healthy for litigants to appear before justice who are under investigation.”

    Shittu added: “What the NJC has decided should not be interpreted as  amounting to suspending the judges, but it should be seen in the light of suspending the sittings of the judges because their remunerations and other prerequisites will still be  paid.

    “But what is suspended is not the person of the judges, but the sittings and other judicial functions, while they still retain their salaries and other entitlements.”

    The law lecturer advised that it was important and useful to maintain an open mind in respect of what was unfolding.

    “I think it would be prejudicial to rush into hasty conclusions about the guilt or innocence of the affected judges. What we should insist upon is that they should be treated fairly in line with the rules until we get to the root of this matter.

    “The trial process should be speedily and what the government itself is doing should not be misunderstood in the light of the fact that government is fighting corruption and not fighting the judiciary. Since corruption itself belongs to all human strata of the society, an attack on any institution should not be seen as a direct attack on that institution.

    “The judiciary will always remain and the principles that the judiciary subscribe to in term of fairness, impartiality, independence and all the fine attributes of the judiciary will remain. Those who are likely to collapse are those who are found wanting in the discharge of their functions. The judiciary can never be rubbished.”