The Nation Newspaper

Tag: NJC

  • NJC fires Appeal Court Justice over N200m bribery scandal

    NJC fires Appeal Court Justice over N200m bribery scandal

    •Enugu CJ too over N10m donation

    •Kano judge to be dismissed, prosecuted over N195m contract scam

    The careers of three top judges including  the Presiding Justice of the Court of Appeal, Ilorin division, Justice Mohammed Ladan Tsamiya and the Chief Judge of Enugu State, Justice I. A. Umezulike,are hanging by a thread.

    The  National Judicial Council (NJC) has recommended their  compulsory retirement ,and the dismissal of a third – Justice Kabiru M. Auta of the High Court of Justice, Kano State with immediate effect -for official misconduct.

    Auta is also to be  handed over to the Assistant Inspector-General of Police, Zone 1, Kano State, for prosecution.

    They are to proceed on suspension immediately pending the acceptance of the NJC recommendations by President Mohammadu Buhari (in the case of Justice Tsamiya), Enugu Governor Ifeanyi Ugwuanyi (in the case of Justice Umezulike) and Kano Governor, Abdullahi Umar Ganduje (in the case of Justice Auta).

    The  acting Director (Information) of NJC ,Mr. Soji Oye, broke the news in a statement yesterday.

    Tsamiya is said to have abused his office after,according to the NJC,he  accepted bribe in respect of a 2015 election case pending before an appeal panel in which he was a member.

    The council indicted Umezulike for conducting  himself in a manner that conflicted with his position as a judicial officer,while Auta is said to have collected money from a contractor, promising to facilitate the award of  a contract to him.

    He failed to deliver on his promise.

    Oye said the decision was reached at the last NJC meeting held on September 29, 2016.

    He said: “ Hon. Justice Mohammed Ladan Tsamiya of the Court of Appeal was recommended for compulsory retirement from office to President Muhammadu Buhari, pursuant to the ‘findings’ by the Council in the petition written by Nnamdi Iro Oji against him and Hon. Justices Husseini Muktar, F. O. Akinbami and J. Y. Tukur, all Justices of Court of Appeal who sat on Election Appeal panel in the Owerri division of the court during the 2015 general elections.

    “The petition contains the following allegations, among others:- Corruption, malice and vindictiveness; and giving perverse and conflicting decisions on the same issue in similar matters in appeal CA/OW/EPT/SN/50/2015: Chief Dr. David Ogba Onuoha Bourdex vs. Hon. Mao Onuabunwa & Anor;CA/OW/EPT/SN/47/2015; Dr. Orji Uzor Kalu & Anor vs Hon. Mao Ohuabunwa & Ors; and CA/OW/EPT/HR/61/2015: Nnamdi Iro Oji Vs Nkole Uko Ndukwe & 16 Ors.

    “During deliberations, council found as follows:-

    *That there was evidence that the petitioner met with Hon. Justice Mohammed Ladan Tsamiya thrice, in his residence in Sokoto, Gwarinpa, Abuja and Owerri where on each occasion, he demanded from him the sum of N200,000.000 (Two Hundred Million Naira) to influence the Court of Appeal Panel in Owerri or risk losing the case;

    *That the allegations of giving two conflicting judgements on the same matter was not true as the two judgements were in respect of two different appeals: one was in respect of House of Representative seat, a Federal Constituency, while the other was in respect of a Senate seat, which covered one third of the state;

    *That there was no allegation and no evidence that the petitioner ever met or discussed with Hon. Justices Husseini Mukhtar (JCA), F. O. Akinbami(JCA) and J. Y. Tukur(JCA) in respect of the appeal before them.

    “In the light of the foregoing, that Hon. Justices Husseini Mukhtar (JCA), F. O. Akinbami(JCA) and J. Y. Tukur(JCA), were exonerated.

    “Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State was recommended to the Governor of Enugu State, Rt. Hon. Ifeanyi Ugwuanyi, for compulsory retirement sequel to the findings by the council on the following allegations levelled against him by Barrister Peter Eze:-

    *That the Hon. Chief Judge failed to deliver Judgement in Suit No E/13/2008: Ajogwu V Nigerian Bottling Company Limited in which final Addresses were adopted on 23rd October, 2014.

    *That the judgement was however delivered on 9th March, 2015, about 126 days after addresses were adopted, contrary to constitutional provisions that judgement should be delivered within a period of 90 days.

    *That Hon. Justice Umezulike, OFR, in suit No E/159M/2014, Ezeuko Vs Probate Registrar, High Court of Enugu State and 3 ors ordered the arrest of Mr.  Peter Eze by police and be brought before his court after the matter was amicably resolved and judgement entered on terms of settlement.

    *That the Hon. Chief Judge in a speech delivered by him to the Eastern Bar Forum on Friday 4th March, 2016, openly made uncomplimentary remarks containing vulgar language against the petitioner, contrary to Rule 1.3 of the National Judicial Council Revised Code of Conduct for judicial officers.

    *That at the time of the book launch of the Hon. Chief Judge, donation of N10 million was made by Prince Arthur Eze during the pendency of the two cases in His Lordship’s Court, both of which Prince Arthur Eze has vested interest.

    *That there have been many instances of abuse of judicial powers, by the Chief Judge, particularly against the two defendants in suits Nos. E/6/2013 and E/88/2016.

    *That the Chief Judge clung to these two suits to remain in his court, despite all genuine efforts made by the defendants to get the suits transferred to another court.

    *That the Chief Judge, sitting at a vantage position of senior judicial officer and Head of Court for that matter, should not have allowed his emotions to dictate his judicial functions to the detriment of the defendants in both suits.

    “In the case of Hon. Justice Kabiru Auta of the High Court of Justice, Kano State, he was recommended to the Kano State Governor, Alhaji Abdullahi Umar Ganduje, for dismissal and be handed over to the police for prosecution following the findings of the Council on the allegations levelled against him by Alhaji Kabiru Yakassai as follows:-

    *That the petitioner paid the sum of N125, 000.000.00 (one hundred and twenty-five Million Naira) into an account approved by the Hon. Judge.

    *That the petitioner also made cash payment of N72,000,000.00 (Seventy-five Million Naira) to Hon. Justice Auta in several instalments through his personal assistant, Abdullahi Bello, ostensibly for the purpose of assisting a former Chief Justice of Nigeria, who had just been appointed, to secure accommodation and for the petitioner to be in turn rewarded by the award of some contracts by the said Hon. Chief Justice of Nigeria.

    *That Hon. Justice Auta facilitated telephone communications in his house between the petitioner and purportedly the former Hon. Chief Justice of Nigeria on the other end.

    *That Hon. Justice Auta facilitated meetings between the petitioner and a lady who introduced herself as the purported Hon. Chief Justice of Nigeria in a Prado Jeep, escorted by armed Police Officer in a hotel in Kaduna.

    *That after the petitioner suspected foul play and reported the matter to the police, Hon. Justice Auta agreed to pay the petitioner the sum of N95, 000.000.00 (Ninety-five Million Naira) as part of his claim while Abubakar Mahdi was to pay the sum of N125, 000.000.00 (One Hundred and Twenty-five Million Naira) to the petitioner.

    *That pursuant to the agreement, Hon. Justice Auta made a part payment of $11, 000.00 (Eleven Thousand U. S. Dollars) and N16,000.000.00 (Sixteen Million Naira) cash to the Petitioner and undertook to pay the balance before the commencement of the Fact Finding Committee set up by the National Judicial Council to investigate the allegations.

    *That Hon. Justice Kabiru Auta admitted accepting to pay the money as agreed in AIG’s Office in Kano according to him ‘having suffered humiliation, and incarceration and had nowhere to go for help and in order to protect my image and the image of the judiciary’.

    “He however, said that the settlement was for him to  pay N35 million and not N95 million and that to that effect, he paid N20 million so far including the $11,000.00; and

    “Hon. Justice Kabiru stated in his evidence, that the purpose of the Petitioner visiting his house at times was that as a friend, he used to seek favours for his people who had matters before him, a conduct that is in itself self-indicting and a serious abuse of judicial oath.

    “The above allegations against the three judicial officers constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.2, 1.3, 1.4, 1.5, 2.1, 3.2, 3.7, 4.1, 4.2, 8.4a, 13.1, 15.2 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “Meanwhile, the National Judicial Council, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. Justice Mohammed Ladan Tsamiya, Presiding Justice of the Court of Appeal, Ilorin Division,  Hon. Justice I. A. Umezulike, OFR, Chief Judge of Enugu State and  Hon. Justice Kabiru Auta of Kano State High Court from office with immediate effect, pending the approval of the recommendations of the council for their compulsory retirement and dismissal respectively, from office by the President of the Federal Republic of Nigeria, Muhammadu Buhari, GCFR; Governor Lawrence Ifeanyi Ugwuanyi of Enugu State and Governor Abdullahi Umar Ganduje, OFR, of Kano State, respectively.”

  • Biafra: Another judge withdraws from Kanu’s trial

    Biafra: Another judge withdraws from Kanu’s trial

    Justice John Tsoho of the Federal High Court, Abuja withdrew from the trial of pro-Biafra agitator, Nnamdi Kanu Monday.

    He announced his decision to return the case file to the Chief Judge of the Federal High Court, Justice Ibrahim Auta for the case to be reassigned to another judge.

    Kanu and two of his associates – Benjamin Madubugwu and David Nwawuisi were arraigned before the court earlier this year on a six-count charge of treasonable felony filed for the Federal Government by the office of the Attorney General of the Federation.

    The case was assigned to Justice Tsoho after another judge of the court, Justice Ahmed Mohammed withdrew from it upon allegation by Kanu that the judge (Justice Mohammed) was incapable of ensure justice in his case.

    Trial was expected to open in the case Monday after the Court of Appeal, Abuja rejected Kanu’s appeal against an earlier ruling by Justice Tsoho allowing an arrangement for the protection of prosecution’s witnesses.

    Monday, Kanu’s lawyer, Chuks Muoma (SAN) drew the court’s attention his application for the judge to withdraw from the case, alleging that he was biased in the way he was handling the case.

    Muoma said his client has also petitioned the National Judicial Council (NJC) on the issue. He contended that the best option was for the judge to suspend proceedings in the case pending the NJC’s decision on his client’s petition.

    The defence lawyer told the court that the NJC has acknowledged receipt of the petition and has commenced investigation.

    “We are only asking the court to hands off the case. My client has lost confidence in this court. Following the development, all we are asking this court to do is to hands off this case pending the outcome of the NJC Investigation.

    “It would not be proper for the court to continue with this matter when investigation is ongoing. So, in the interest of justice, we are asking the court to hands off the case. I would urge the court to transfer the matter. I will suggest that it be sent back to the CJ.”

    The lawyer accused the judge of acting in line with the suggestion of President Muhammadu Buhari that Kanu was not going to be released under any circumstance.

    Ruling, Justice Tsoho said he has no personal interest in the case. He elected to return the case file to the court’s Chief Judge.

    The judge frowned at the attitude of the defence lawyer. He noted that Muoma he acted un-professionally through his utterances. He said it was not bothered by the defence’s decision.

    The judge said since the defence has expressed lack of confidence in the way the court has handled the case, “it is only reasonable for the court to disqualify itself from further hearing the matter.

    “Accordingly, this case is hereby forwarded to the Chief Judge for further re-assignment”, Justice Tsoho said.

  • Olofa stool: Ruling House wants NJC, CJN to probe Supreme Court judgment

    The Olugbense ruling house of Offa in Kwara State has urged the Chairman of National Judicial Council and the Chief Justice to probe the Supreme Court’s judgement of July 1st this year involving Olofa of Offa, Oba Mohammed Mufutau Gbadamosi of Anilelerin ruling house, and Alhaji Jimoh Bosere – substituted for Alhaji Shehu Oyeniyi and eight others.

    The Olugense house added that the bodies should investigate the circumstances leading to delivery of the alleged “controversial judgements.”

    In a letter dated August 16th, 2016 and signed by the head of Olugbense ruling house, Alhaji Saka Adeyemo, Secretary, Alhaji Raimi Keji, and Prince Saka Keji, a member for and on behalf of themselves and the ruling house, they described the judgement as an alleged “greatest travesty of justice.”

    The Olugbenses therefore appealed to the President and Commander in Chief of the Armed Forces to use his good offices to order a full investigation of the justices that sat on the appeal and delivered the alleged incongruous judgment.

    Besides, they requested that the high powered committee be made up of persons from the NJC, EFCC, ICPC and the Presidency to investigate the circumstances surrounding the alleged “tragic judgment”, of the highest court of the land believed to have plunged the whole nation and beyond into questioning the integrity of the Nigerian Legal System and the Judiciary.

    The petitioners also sent copies to the President of Federal Republic of Nigeria, his deputy, Chairman of Economic and Financial Commission (EFCC) and Chairman Human Rights Commission on August 19 this year, while Attorney General and Minister of Justice and Chairman Presidential Advisory Committee of Anti-Corruption received their copies on August 22 same year.

    In the lead judgement delivered by Justice Walter Samuel Nkanu Onnoghen, and unanimously concurred to by four other justices of the Supreme Court: Olabode Rhodes-Vivour, Nwali Sylvester Ngwuta, Mary Ukaego Peter-Odili and Amiru Sanusi, Olugbense ruling house was barred from contesting the Olofa stool as the judgement.

    The judgement also said that only Anilelerin family has “sole right” to ascend the royal stool.

    According to the petition that raised four issues the Kwara State government had between 1969/70 set up the Sawyer’s Commission of Enquiry but failed to accept the recommendations. The government instead through its Gazette recognised two ruling houses of Olugbense and Anilelerin. (Olugbense being the male descendant while Anilelerin is of the female descendant).

    It noted “The Supreme Court nullified the Gazette which was exhibited to pave way for them to nail ‘Olugbense’, our own family, and instead solely relied upon the exhibit which is the rejected report since 1969/70 by the Kwara State government and took the decision that only Anilelerin family has sole right to ascend the royal stool of Olofa.”

    The petition also alleged that the Apex Court justices brought up the issue of Jurisdiction to pave way for the Anilelerins against the Olugbenses and set aside the judgment of the Apellate Court.

  • Ex-Appeal Court president to NJC: probe conflicting judgments

    A former President of the Court of Appeal, retired Justice Umaru Abdullahi , said yesterday there is need for the National Judicial Council (NJC) to investigate reoccurring conflicting court judgments in the country.

    Abdullahi, who spoke with reporters in Abuja yesterday, said conflicting judgments and activities of corrupt politicians had undermined Nigeria’s judicial system.

    He decried politicians’ attitude of going to another court to get a new judgment instead of appealing the earlier one if they were not satisfied with it.

    “The NJC must intervene to address these contradictions; investigate if there is any corrupt undertone in these judgments; arrest the indiscipline and recklessness by some judges.

    “Politicians should learn to appeal unfavourable court decisions rather than making unlawful utterances and fomenting crisis.

    “Politicians are desperate to win their cases; rather than appeal a particular unfavourable judgment, they approach a similar court with another version of the case in an attempt to mislead the judge resulting in conflicting judgments,’’ he said.

    He made references to the recent judgments on Abia governorship tussle and that of the Peoples Democratic Party (PDP)’s leadership crisis.

    Abdullahi advised aggrieved parties to petition the NJC if they were not satisfied or felt the need for clarification in the face of conflicting judgments.

    He said that NJC acted based on petitions before it.

  • Why we fired Justice Yunusa, by NJC

    Why we fired Justice Yunusa, by NJC

    The National Judicial Council (NJC) admitted yesterday that it has recommended the compulsory retirement of two judges found guilty of misconduct.

    The admission by the NJC, in a statement, came after days of denial. Some of its members, and its Acting Director, Soji Oye, denied the development on Friday and Saturday.

    The judges are Justice Mohammed Nasiru Yunusa of the Federal High Court, Lagos division and Justice Olamide Folahanmi Oloyede of the High Court of Justice, Osun State.

    Justice Yunusa, who the Economic and Financial Crimes Commission (EFCC) had accused of accepting financial gratification from some senior lawyers, was fired for wrongly assuming jurisdiction over some cases, including a fundamental rights enforcement suit filed by Senator Stella Odua.

    The NJC also hinged its decision, to recommend Justice Yunusa for retirement on its finding that the judge gave an order in the Odua case, restraining the Attorney General of the Federation (AGF), the Inspector General of Police (IGP), the EFCC and similar investigating agencies   from performing their statutory responsibilities when he lacked such powers.

    It said Justice Oloyede acted in a manner unbefitting of a judicial officer, when she wrote a petition against Osun State Governor Rauf Aregbesola and Deputy Governor, Titilayo Laoye-Tomori, containing unsubstantiated allegations.

    The NJC said it  took the decision at its last meeting on July 15. It has requested President Mohammadu Buhari to compulsorily retire Justice Yunusa and asked Aregbesola to act in similar manner in relation to Justice Oloyede.

    Both judges have been suspended from office pending the approval of the recommendations by the President and the governor.

    The statement reads:

    “Hon. Justice Mohammed Nasiru Yunusa was recommended for compulsory retirement from office to President Muhammadu  Buhari, GCFR, pursuant to the ‘findings’ by the council following the allegations contained in the petitions written against him by the Civil Society Network Against Corruption that His Lordship granted Interim Orders and Perpetual Injunctions, restraining the Attorney-General of the Federation, the Inspector General of Police, Independent Corruption practices and Related Offence Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) from arresting, investigating and prosecuting some persons accused of corruption in  seven cases.

    The cases are: FHC\L\CS\1471\2015: between Simon John Adonimere & 3 Ors Vs. EFCC; FHC\L\CS\477\14: between FRN V Michael Adenuga; FHC\L\CS\1342\15: between Senator Stella Odua Vs. AG Federation, EFCC, ICPC & IGP; FHC\L\CS\1285\15: between Jyde Adelakun & Anor Vs. Chairman EFCC & another; FHC\L\CS\1455\: Dr Martins Oluwafemi Thomas Vs. EFCC; FHC\L\CS\1269\15: Hon Shamsudeen Abogu Vs. EFCC & others and FHC\L\CS\1012\15: between Hon. Etete Dauzia Loya Vs. EFCC

    “During deliberations, council found that Hon. Justice Yunusa assumed jurisdiction in Federal High Court, Lagos in Suit FHC\L\CS\1342\15 wherein the infringement of the applicant’s right occurred in Abuja, contrary to Section 46 (1) of the 1999 Constitution of Nigeria (as amended)

    “His Lordship contravened Rule 3. 1 of the code of conduct for judicial officers in Suit FHC\L\CS\1445\15 by claiming ignorance of the provisions of the Money Laundering Act when he made an order stopping EFCC from conducting investigation into a money laundering case involving $2.2m  against the applicant.

    “Hon. Justice Yunusa’s decision restraining the anti-graft agencies from carrying out their statutory functions in the first six cases mentioned earlier is contrary to the judgment of the Court of Appeal in A.G Anambra State Vs. UBA, which His Lordship quoted, but did not apply in his rulings,” it said.

    On the allegations levelled against Justice Oloyede in a petition by Osun Civil Societies Coalition, the NJC said its facts finding committee assigned to investigate the petition found, among others, that the judge “failed to conduct herself in such a manner as to preserve the dignity of her office and impartiality and independence of the Judiciary when she wrote  a petition against the Osun State Governor and his Deputy to the members of the state House of Assembly and circulated same to 36 persons/organisations.

    “The petition was said to contain political statements, unsubstantiated allegations and accusations aimed at deriding, demeaning and undermining the Government of Osun State, the person and character of the Governor (as one who is cruel, a liar and a traitor), his Deputy and aides.

    “The petition contained statements calculated to incite the residents of Osun State against the State Government and its elected officers.

    “Justice Oloyede crossed the fundamental right of freedom of speech and created a negative perception of the Nigerian Judiciary to the public.

    “The allegations against the Hon. Judge constitute a misconduct, contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1 (1) and 5 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “In the meantime, the National Judicial Council, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. Justice M. N. Yunusa and Hon Justice Olamide Folahanmi Oloyede from Office pending the approval of the recommendation of the Council for their compulsory retirement by the President of the Federal Republic of Nigeria Muhammadu Buhari, GCFR, and Governor Rauf Adesoji Aregbesola of Osun State respectively,” it said.

  • Aspirant urges NJC to revisit ‘dismissed’ case

    A former Akwa Ibom State Commissioner for Youth and Sports,  Imo Udo, who ran against former Governor Godswill Akpabio in the 2011 governorship primary, has urged the National Judicial Council (NJC) to direct the Supreme Court to re-list his case and hear it on merit.

    He is claiming that Akpabio was not qualified to contest the primary because he did not pay tax for the three previous years, in line with the Peoples Democratic Party’s (PDP’s) guideline that an aspirant must have paid tax to be qualified to contest, except where exempted.

    Udo averred that although Akpabio’s tenure had expired, his case, which he said was dismissed without hearing, should be re-listed and heard on its merit, to determine if Akpabio should have held office in the first place.

    Udo sued Akpabio at the Federal High Court, claiming the defendant did not show proof of tax payment, nor was there evidence that he was exempted from paying personal income tax.

    The court held that it had no jurisdiction to determine the case.

    Dissatisfied, Udo appealed at the Court of Appeal in Calabar, which held that for his complaint to be justiceable, it ought to have occurred the day the primary was held.

    Udo took his case to the Supreme Court on January 24, 2014, praying the apex court to disqualify Akpabio and overrule the Court of Appeal. But, the case was not listed for hearing until about a year later, despite several requests by Udo’s lawyer that it be listed.

    Following a complaint, the former Chief Justice of Nigeria (CJN), Justice Aloma Mariam Muktar, directed the appellant to file an application for accelerated hearing. Udo said the CJN’s directive got to his lawyer 36 days after it was despatched by the Head of Litigation, Ibrahim Gold.

    When the case came up for the first time on December 17, 2014, the panel of justices adjourned it till April 20, 2015, for hearing. Worried that Akpabio’s tenure would soon expire, he sought the intervention of the new CJN, Justice Mahmud Mohammed, for an earlier date, but the CJN said he could not interfere.

    Udo said he was shocked when on April 20, last year, a new panel was constituted to consider the case, even when there was no petition against the earlier panel. The new panel dismissed it suo moto. Udo said the justices’ excuse was that they “did not have time to write judgment on the case”.

    He added: “The panel rose and I went back home unheard and my appeal unattended to even though it was ripe for hearing and determination by the Supreme Court for over a year and six months before April 20, 2015.

    “The NJC, in its meeting of May 20, 2015, I learnt, directed that my case be re-listed, heard and determined before May 28, 2015. But, up to the time of representing this petition, I have not received any correspondence to show that the court has given attention to the directive of the NJC.”

    In an affidavit in verification of his petition, Udo said his lawyer, Adebayo Adelodun (SAN), was asked to withdraw the case or it would be struck out.

    He wondered why the accelerated hearing notice was not despatched to him on time and why a new panel was constituted to hear the case when there was no petition or complaint against the first panel.

    Udo said: “Was the Supreme Court playing pranks on me when, on December 17, 2014, the court pleaded with my counsel to accept a five-month adjournment on the grounds that the case would be determined on the next adjourned date?

    “If the purpose for which the case was not heard was time only, what about Section 22 of the Supreme Court Act, which gives the justices the power to give bench judgment, as the same did in the case of Governor Rotimi Amaechi of Rivers State before a considered judgment of the court was on a later date?

    “If the reason for dismissing my case was truly lack of time to do the work they are paid to do, why did the same court, on April 27 and May 26 of the same year (more than a month later) consider other political matters and gave judgment on them?

    “Why was my case not relisted, as directed by the NJC in its meeting of May 20, 2015, but that of Frank Okon against the same defendant was relisted and determined on May 26, 2015?”

    Udo sent copies of the petiton to President Muhammadu Buhari.

    According to him, if the court finds that Akpabio was not qualified to hold office in the first place, he (Udo) could still be declared governor, as justice demands, despite the expiration of Akpabio’s tenure.

    He urged the NJC to revisit the case “to address the issue of making two conflicting statements on oath by the first respondent (Akpabio) in respect of non-payment of taxes because of alleged exemption on one breath, and his alleged payment of three years taxes in one day, while records showed he paid same after he had sworn to an affidavit of its correctness”.

    But, the CJN, in his reply to Udo on why the panel was changed, said the practice had been for one panel to sit and hear the nitty-gritty of a case, after which another fresh panel adjudicates on it.

  • NJC retires judge over misconduct

    The National Judicial Council (NJC) has recommended the immediate retirement of Justice B. T. Ebuta of the High Court of Justice, Cross River State.

    NJC’s spokesman, Soji Oye, said in a statement on Friday that the judge was found guilty of judicial misconduct and abuse of office.

    He said the NJC took the decision to retire Justice Ebuta  at its 76th meeting held on Wednesday and Thursday.

    The NJC has therefore recommended to the Cross River State governor to immediately approve the judge retirement.

    The Council also ordered his immediate suspension pending when the governor will approve his retirement.

    The NJC said Justice Ebuta was recommended for compulsory retirement from office, sequel to the findings by the Council on the allegations of abuse of judicial power, suppression and illegal/forceful takeover of a property in Calabar as contained in the petition written against him by Dr. Ekanem Cobham.

  • NGO petitions NJC on Anambra Central senatorial poll

    •Judge’s verdict faulted 

    A non-governmental organisation (NGO), the Campaign for Judicial Integrity (CJI), has petitioned the National Judicial Council (NJC) on a ruling by Justice Anwuli Chikere in a suit involving some chieftains of the All Progressives Grand Alliance (APGA).

    A former APGA Chairman Victor Umeh and former Anambra State Governor Peter Obi were locked in a legal battle over Anambra Central senatorial election.

    The judge allegedly ruled that the Peoples Democratic Party (PDP) be represented in the election.

    The NGO demanded the NJC to investigate Justice Chikere to restore public confidence in the Judiciary.

    In the petition, dated May 1, and addressed to the NJC Chairman, Mr Justice Mahmud Mohammed, who is Nigeria’s Chief Justice (CJN), CJI described as worrisome Justice Chikere’s order to the Independent National Electoral Commission (INEC) on March 1 that the PDP be included in the election, which was scheduled to hold on March 5, even after its candidate in the original election, Mrs Uche Ekwunife, “had been disqualified and she had left the party”.

    The ruling allegedly disrupted the election, which was meant to find a successor to Mrs Ekwunife who, last December 7, was ordered by the Court of Appeal to vacate her Senate seat as the representative of Anambra Central on the platform of the PDP.

    The court order was said to be based on the admission that she did not participate in the party’s primary leading to the emergence of its candidate in last year’s general election.

    Mrs Ekwunife was to join the ruling All Progressives Congress (APC) last January 8 and unsuccessfully sought its ticket to enable her to return to the Senate.

    In the petition to the NJC by Uzor Isichei, a Lagos lawyer, CJI argued that it was wrong for the Justice to insist on PDP’s participation in the rerun because the law forbids any party from presenting a fresh candidate unless its candidate in the original election is dead.

    The NGO cited legal provisions as well as pronouncements by the Supreme Court and the Court of Appeal over the years to buttress its argument.

    It regretted that Justice Chikere ignored Supreme Court’s decision in a 2009 case between the Labour Party (LP) and INEC and the Court of Appeal ruling in a matter between Tunde Isiaq and Okanlawon Soniyi, where the Appellate Court said: “Where there is a nullification of an election based on qualifications, all candidates who participated in the general election, excluding the candidate judged not qualified, can participate in the rerun.”

    CJI also wondered why Justice Chikere’s Federal High Court in Abuja entertained the case for the inclusion of the PDP in the rerun when the matter could have been handled by the Federal High Court in Awka, Anambra State or any other state in the Southeast, even though it said it recogniaed that all “Federal High Courts are treated as one in Nigeria”.

  • NJC recommends retirement of two judges

    NJC recommends retirement of two judges

    •Directs judge to refund unlawfully earned salaries
    •Reports lawyer to LPDC for disciplinary action

    The National Judicial Council (NJC) has recommended the compulsory retirement of two judges  found  guilty of professional misconduct.

    The two judges are O Gbajabiamila of the Lagos High Court and Idris M. J. Evuti of the High Court of Niger State.

    The recommendation for their immediate compulsory retirement has been communicated to the governors of Lagos and Niger states.

    A lawyer, Oluwaseun Olusiyi,  is recommended to the Legal Practitioners Disciplinary Committee (LPDC) for disciplinary action for walking out on a judge.

    The NJC, however, cleared Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a petition of alleged misconduct written against him by the Securities and Exchange Commission (SEC).

    It ordered  Justice Tanko Yusuf Usman of the High Court of Niger State to refund the salaries he earned from June, last year till March this year (when he retired), having been found to have altered his age.

    NJC’s Acting Director of Information Soji Oye, in a statement yesterday, said the decisions were taken at its sitting of April 13 and 14.

    He said: “Hon. Justice O. Gbaja-Biamila was recommended for compulsory retirement from office to the governor of Lagos State, pursuant to the findings by the council on the allegations contained in the petitions written against his Lordship by Mr. C. A. Candide Johnson, SAN.

    “The allegations are: That the Hon. judge delivered judgment in suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, twenty two months (22), after written addresses were adopted by all the counsel and thirty-five (35) months after the close of evidence in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days;

    “That his Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the Constitution which required that a copy of the judgment of a Superior Court of record be given to parties in the case within 7 days of delivery.

    “That the Hon. Judge continued to hear the suit in his court after he had been notified of the pendency of a motion for a stay of execution at the Court of Appeal and that an appeal had been entered.

    “Prior to the issuance of the first writ of attachment, the court Registrar, under the direct administration of the Hon. Judge, falsely misrepresented to the Deputy Sheriff in a memo dated 28th November, 2014, that there was no appeal or motion in the case file as at 28th November 2014. “Meanwhile, there were two notices of appeal and two summons to settle records in the court’s file.

    “That the Hon. Judge gave an order on 23rd February, 2015 upon an ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the order of substitution on the affected party or its legal representatives.

    “That the Hon. Judge failed to maintain professional competence required to preserve the integrity of the Judiciary.

    “The above allegations constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “In the interim, the National Judicial Council in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. O. Gbaja-Biamila from office with immediate effect.

    “Council also considered a petition written by Mohammed Idris Eggun against Hon. Justices Idris M. J. Evuti and Tanko Yusuf Usman of the High Court of Niger State on falsification of their dates of birth.

    “He alleged that Hon. Justice Idris M. J. Evuti falsified his age from 15th September, 1950 to 10th April, 1953 and Hon Justice Tanko Yusuf Usman falsified his age from 27th June, 1950 to 27th June, 1951.

    “A fact finding committee set-up by the council found from the records made available to it that the Hon. Justice Evuti used three different dates of birth over the years as 15th September, 1950, 10th April, 1953 and 1st April, 1953 and therefore recommended his compulsory retirement with immediate effect.

    “Apart from the recommendation for compulsory retirement of Hon. Justice Idris M. J. Evuti, council recommended to the Government of Niger State to deduct all salaries received by him from September, 2015 till date from his gratuity and remit same to the National Judicial Council that pays salaries of all judicial officers in the federation.

    “With respect to the Hon. Justice Tanko Yusuf Usman, council did not recommend his compulsory retirement because it had already accepted his retirement with effect from 1st March, 2016.

    “However, council decided to write to the Government of Niger State, to deduct from the gratuity the salaries received by him from June 2015 when his Lordship should have retired from the Bench.”

    Oye continued: “Council at the same meeting exonerated Hon. Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a petition of alleged misconduct written against him by Securities and Exchange Commission.

    “The Hon. Judge was alleged to have been biased in granting ex-parte orders of injunction against the commission in suit No FNC\L\CS\767\15: BGL Ltd and Ors V. Securities and Exchange Commission without due regard to the relevant factors and circumstances of the case.

    “The counsel to the Securities and Exchange Commission, Oluwaseun Olusiyi was also reported to the Legal Practitioners Disciplinary Committee for walking out on the Judge on the matter when she was told the matter was not ripe for hearing for disciplinary action.”

  • NJC recommends retirement of two judges

    NJC recommends retirement of two judges

    The National Judicial Council (NJC) has recommended the compulsory retirement of two judges having found them guilty of professional misconduct.

    The two judges are O Gbajabiamila of the Lagos High Court and Idris M. J. Evuti of the High Court of Niger State.

    The recommendation for their immediate compulsory retirement has been communicated to the governors of Lagos and Niger states.

    It also recommended a lawyer, Oluwaseun Olusiyi to the Legal Practitioners Disciplinary Committee (LPDC) for disciplinary action for walking out on a judge.

    The NJC howevr cleared Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission.

    It ordered  Justice Tanko Yusuf Usman of the High Court of Niger State to refund the salaries he earned from June last year till March this year (when he retired), having been found to have altered his age.

    NJC’s Acting Director of Information, Soji Oye said, in a statement yesterday, the Gbajabiamila has been suspended immediately from further acting as a judicial officer until the Lagos State governor act on NJC’s recommendation.

    He said NJC took the decision at its sitting of April 13 and 14 this year.

    “Hon. Justice O. Gbaja-Biamila was recommended for compulsory retirement from office to the governor of Lagos State, pursuant to the findings by the council on the allegations contained in the petitions written against his Lordship by Mr. C. A. Candide Johnson, SAN.

    “The allegations are: That the Hon. judge delivered judgment in suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, twenty two months (22), after written addresses were adopted by all the Counsel and thirty-five (35) months after the close of evidence in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days;

    “That his Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the Constitution which required that a copy of the judgment of a Superior Court of record be given to parties in the case within 7 days of delivery.

    “That the Hon. Judge continued to hear the Suit in his court after he had been notified of the pendency of a motion for a stay of execution at the Court of Appeal and that an appeal had been entered.

    “Prior to the issuance of the first writ of attachment, the court Registrar, under the direct administration of the Hon. Judge, falsely misrepresented to the Deputy Sheriff in a memo dated 28th November, 2014, that there was no appeal or motion in the case file as at 28th November 2014. “Meanwhile, there were two notices of appeal and two summons to settle records in the court’s file.

    “That the Hon. Judge gave an order on 23rd February, 2015 upon an ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the Order of substitution on the affected party or its legal representatives.

    “That the Hon. Judge failed to maintain professional competence required to preserve the integrity of the Judiciary.

    “The above allegations constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “In the interim, the National Judicial Council in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. O. Gbaja-Biamila from office with immediate effect.

    “Council also considered a petition written by Mohammed Idris Eggun against Hon. Justices Idris M. J. Evuti and Tanko Yusuf Usman of the High Court of Niger State on falsification of their dates of birth.

    “He alleged that Hon. Justice Idris M. J. Evuti falsified his age from 15th September, 1950 to 10th April, 1953 and Hon Justice Tanko Yusuf Usman falsified his age from 27th June, 1950 to 27th June, 1951.

    “A fact finding committee set-up by the council found from the records made available to it that the Hon. Justice Evuti used three different dates of birth over the years as 15th September, 1950, 10th April, 1953 and 1st April, 1953 and therefore recommended his compulsory retirement with immediate effect.

    “Apart from the recommendation for compulsory retirement of Hon. Justice Idris M. J. Evuti, council recommended to the Government of Niger State to deduct all salaries received by him from September, 2015 till date from his gratuity and remit same to the National Judicial Council that pays salaries of all judicial officers in the federation.

    “With respect to the Hon. Justice Tanko Yusuf Usman, council did not recommend his compulsory retirement because it had already accepted his retirement with effect from 1st March, 2016.

    “However, council decided to write to the Government of Niger State, to deduct from the gratuity the salaries received by him from June 2015 when his Lordship should have retired from the Bench.

    “Council at the same meeting exonerated Hon. Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission. “The Hon. Judge was alleged to have been biased in granting ex-parte orders of injunction against the commission in suit No FNC\L\CS\767\15: BGL Ltd and Ors V. Securities and Exchange Commission without due regard to the relevant factors and circumstances of the case.

    “The counsel to the Securities and Exchange Commission, Oluwaseun Olusiyi was also reported to the Legal Practitioners Disciplinary Committee for walking out on the Judge on the matter when she was told the matter was not ripe for hearing for disciplinary action,” Oye said.