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Tag: NJC

  • Jonathan accepts Mohammed’s nomination as CJN

    Jonathan accepts Mohammed’s nomination as CJN

    President Goodluck Jonathan has accepted the National Judicial Council’s (NJC) recommendation of Justice Mahmud Mohammed’s appointment as successor to retiring Chief Justice Aloma Mukhtar.

    The Nation learnt yesterday that the President has written to the NJC on his acceptance.

    Justice Mohammed is now left to cross the hurdle of the Senate’s confirmation to assume office.

    The exercise before the Senate may come as a mere formality as past recommendations had always been accepted.

    NJC last week recommended Justice  Mohammed to the President for the post.

    The NJC’s recommendation followed the nomination of three most senior Justices of the Supreme Court by the Federal Judicial Service Commission (FJSC).

    Justice Mukhtar will retire on November 20 when she will have clocked the mandatory retirement age of 70 years. She was born on November 20th 1944.

    Justice Mohammed, who hails from Jalingo in Taraba State, was born on November 10, 1946.

    He studied for his Bachelor’s degree in Law (LL.B) at Ahmadu Bello University, Zaria, graduating in 1970, after which he attended the Nigerian Law School, in Lagos and was subsequently called to bar in 1971.

    Justice Mohammed began his career in public service with the ministries of Justice of the defunct Northeastern state and Gongola State. He also worked with the judiciary of the defunct Gongola State.

    In 1991, he was appointed the Acting Chief judge of Taraba State and later confirmed the substantive in the same year.

  • Appeal court dismisses Bamaiyi’s application

    The Lagos Division of the Court of Appeal on Tuesday dismissed an application filed by a former Chief of Army Staff, Gen. Ishaya Bamaiyi  (rtd), challenging the ruling of a Federal High Court.

    ‎A panel presided over by Justice U.I. Ndukwe-Anyanwu struck out the appeal for want of diligent prosecution because none of the parties had attended to the matter since its institution.

    Bamaiyi and three others had approached the appellate court seeking the nullification of late Justice R.O. Nwodo’s decision which struck out a Fundamental Human Rights (FHR) suit instituted by the former COAS and three others against the National Judicial Council (NJC).

    Other appellants are former Lagos Police Commissioner, James Danbaba (rtd), former Chief Security Officer to the late Gen. Sani Abacha, Major Hamza al-Mustapha and Assistant Superintendent of Police (ASP), Mohammed Rabo Lawal.

    The appellants were about 13 years ago charged with attempted murder of Guardian Publisher, Alex Ibru before Justice Augustine Ade Alabi of a Lagos High but in the course of the trial it was alleged that the trial judge demanded $10 million bribe from them.

    ‎In a petition to the NJC, they claimed that the judge had caused delay in hearing motions, refused to supply record of proceedings in the case as well as threatened and bullied their lawyers severally in court.

    ‎The appellants had demanded that the trial judge should disqualify himself from the case, but the body after investigating their allegations, concluded it was baseless and frivolous.

    A three-man panel headed by Justice Bolarinwa Babalakin ‎was set up and tendered a 44-page report in which Justice Alabi was cleared of all allegations.

    Describing Bamaiyi’s claims as malicious, ‎the panel dismissed the bribe allegation against the judge.

     

  • ‘Why CJN should not head NJC’

    He is following in the footstep of his octogenarian father who is a lawyer and a politician. Olumide Braithwaite is the eldest child of elder statesman, Dr. Tunji Braithwaite and has 22 years experience at the bar. In this interview, he told ADEBISI ONANUGA what it feels like to be the son of Dr. Braithwaite among other issues

    Olumide Braithwaite is the son of elder  statesman and legal luminary, Dr. Tunji Braithwate. He has 22 years into the legal practice. Hence, his views on the happenings in the judiciary cannot be taken with a pinch of salt.

    To him, the judiciary has serious constraints, while not much has changed. Taking Lagos as example, he said: “They are over burdened with the workload. This, for instance, is despite the governor of Lagos State’s introduction of new rules and procedures, front loading and all these rules and modifications that are designed to alleviate and fast track the dispensation of justice. However, in real terms, not much has changed.”

    According to the young Braithwaite, corruption has remained a recurring decimal in the judiciary in spite of the efforts of the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar to combat it. “The issue of corruption in the Judiciary, we hear about it regularly. Lagos State has some of the best lawyers and best judges. We are all aware of the problems and we all have to join hands to find a way to clean the system as a constant exercise.”

    Despite the efforts made by the outgoing Chief Justice of Nigeria (CJN) Justice Aloma Mukhtar, who took up a crusade to rid the sector of the vice, since assumption of office two years ago, corruption is still a big problem within the nation’s judiciary. He, however, admitted that the CJN’s performance within the last two years has been reasonable. “I think she has done as much as was expected of her.”

    Like any other key player in the judiciary, Olumide has his own idea of how to keep off the executive from interfering in the activities of the judiciary as experienced in the country of late.

    To him, it is by having a strong independent judiciary. He sees the judiciary is as the buffer between the citizenry and the executive. He said this is very rife and very common in developed countries. He said: “When you have a very very strong judiciary, the executive dare not encroach. It is left to the judiciary, the judges to establish their impartiality, establish their independence. And only God will save us in Nigeria.”

    He described as normal and constitutional, the fact that key appointments in the judiciary are subjected to the approval of the President in spite of the independence of the judiciary. He reasoned that unless the constitution is changed, that would continue. He, however, agreed with the view that the office of the Chief Justice of Nigeria be separated from that of chairmanship of the NJC, describing it as “a good suggestion. Those are the kind of changes that if you implemented, they would free the judiciary from the shackles that have held them down.”

    Asked whether the judiciary would fare better and for judiciary to be truly independent if the office of the Attorney General, is made to be a career office, and that of Minister of Justice to be left for politicians, he said “there is some propriety and good rational for separating the two. Again it is separation of powers because if you invest too much power in one office, that office might be abused. That is a good suggestion provided it would ensure that the judiciary become more independent.

    Like his father, Olumide has also made a foray into politics.

    “I think I was born into it because when my father, Dr. Tunji Braithwaite, formed the Nigerian Advance Party (NAP) in those days, I was still very young. So right from childhood, I have been seeing my father in the crowd, people at meetings, rallies and all those things associated with politics. He was always in the media and meeting with people. Since I was young then, I couldn’t understand it much. But retrospectively speaking, it had an effect on me.

    “Ten years ago, I was not interested in politics, but increasingly, I felt the need, compel and the duty towards people. I believe the elite class has a responsibility to the less fortunate because they are the ones that can effect the real change. They are the ones in position of power, of influence.

    “In my own case, my personal conviction is borne out of the desire to serve, be relevant and to contribute one’s quota as it were. I see public office holders and at times, I feel convinced that they can do better.”

    He explained that after 22 years of practice, he decided to go into politics to serve the people instead of sitting on the fence and be complaining.

    “I have been practising law for 22years. So I am not leaving practice. The practice entails a lot of things. There is litigation, Commercial Law, Real Estate , there is opinion writing, foreign investment, oil and gas, there are all forms of due representation of clients. Yes, I am comfortable but the politics I have in mind is a noble profession. By that, I mean that people of substance, people of pedigree, these are the people associated with politics. You are not going there to steal. You are going there with a mandate to serve.

    “I think I am also walking in my father’s footstep. He is a lawyer and a very successful one, far more successful than I am. He went into politics and contested against the late Chief Obafemi Awolowo, Dr. Nnamdi Azikwe, Alhaji Shehu Shagari in the presidential election of this country when he was just 43. I am older than that and as a parent, you would always want what is good for your children. I am a Nigerian, even though I am widely travelled, there is only one place you can call home, and unless we join hands, we would just continue to complain, to complain and complain.

    On what he is offering the people of  the Lagos Central Senatorial district a change from what has transpired before. “They say I am a youth. Anyone below 50, they complain. But I am representing 65 per cent of Nigerian population who are the youth. They have a voice in me at the Senate. With my experience at the bar and the private sector, I believe I am more than qualified to be there. I am bringing a lot of vigour and energy, intellectual property. This is what I am offering.

    Just as he made impact in the legal profession, he believed he would also make impact in politics if he becomes a senator of the Federal Republic of Nigeria.

    “As I said before, I am going to be very active. I intend to bring to fore novel ideas and changes. For example, Lagos State has always been a trail blazer in the present dispensation, mega city and all that. I believe I can do a lot more. Lagos deserves a whole lot more than what is presently being done. I intend to lobby very hard for that.

    “In my senatorial district, we have a lot of social problems, traffic management, accommodation, unemployment, unnecessary toll gate. Some of these issues, I intend to tackle when elected.

    Though, the All Progressive Congress (APC) is the dominant party in Lagos, he believed his dreams would be better realised on the platform of the ruling party, the Peoples Democratic Party (PDP).

    “I believe that after 16 years of governance by the APC, the time for change has come. There is a feeling in Lagos State that they are no longer stakeholders because a clique has taken over. Many people, Lagosians feel disenfranchised. Even non indigenes are complaining. I believe this election, people are going to vote en-masse for the personality, not necessarily on party basis because Nigerians are not cattles or sheep. They would be able to distinguish for themselves. I believe further that this elections, are for the PDP to lose rather than for the APC to win. The state has been mismanaged despite the strides that have been made in their foremost years.

    responsibility of maintaining that level of integrity which is a constant pressure on me. And knowing that you are stepping into a very large shoe, it can sometimes be very challenging. But overall, I am very blessed to have somebody like that as a mentor and role model”.

    He listed the challenge he faced during his 22 years of law practice to include “the slow dispensation of justice, the slow administration of dispensation of justice”.

    He noted that though the rules have been amended, “litigation is tough, very challenging clients, counsels, professional time and skills required are still required.

    “Again, due to the delay in the legal system, it caused many lawyers to compromise. Integrity also is a challenge in the profession. I also see general poverty and the standard of the profession is dropping. That is taken from educational institution. Education itself has dropped in Nigeria since I started practicing. How much more so the people in my own profession. “Challenges of the economy vis-a-vis law practice. Every lawyer can attest to this. We can’t even do recruitment and training of juniors. The challenges of infrastructure. By that I mean having a well equipped library, project offices. These are all challenges.

    For him, one can’nt look at the issue of way out of slow dispensation and administration of justice nationally because each state has its own rules. “There are different issues bedeviling each state. Lagos state is by far the most litigious state. I think Edo state is second where litigation is given a premium attention”. He also noted that in the judicial system, there are frivolous cases that should not be in court. He regretted that such cases end up going through the court system and can be there for ten years, wasting everybody’s time while some cases have been long abandoned.

    “I think also there should be some innovation for cases that are lacking for want of legal representation. They should be thrown out. I think also when you make litigation very expensive, people would think twice before filing any frivolous case. That’s what happens in the UK. Litigation is very expensive abroad and so it should be here”.

     

  • NJC okays Mahmud as next CJN

    NJC okays Mahmud as next CJN

    THE National Judicial Council (NJC) has approved the nomination of the second most senior justice of the Supreme Court, Justice Mahmud Mohammed, to succeed the retiring Chief Justice, Aloma Mukhtar.

    The Nation learnt that the NJC, at its meeting yesterday, also okayed the appointment of the Chief Registrar of the Supreme Court, Sunday Olorundahunsi, as a judge of the High Court of Ondo State.

    The substantive appointment of Justice Mohammed is subject to the approval of the Senate and President Goodluck Jonathan.

    Olorundahunsi’s appointment will also be approved by the Governor of Ondo State, Olusegun Mimiko.

    The NJC’s action is in line with the provision in Section 21(a)(i) of the Constitution.

    Justice Mukhtar, who assumed office as the CJN on July 16, 2012, will retire on November 20, when she is expected to attain the mandatory retirement age of 70.

    The Federal Judicial Service Commission (FJSC)  met on October 23 and submitted a list of three most senior justices of the Supreme Court to the NJC as required under the constitution.

    The NJC followed  up on the list submitted by the FJSC, met yesterday and recommend Justice Mohammed,  one of the names on the FJSC list to the president for appointment.

  • NJC to meet Thursday on CJN Mukhtar’s successor

    NJC to meet Thursday on CJN Mukhtar’s successor

    The National Judicial Council (NJC) will meet on Thursday in Abuja to deliberate on who among the serving Justices of the Supreme Court, it should recommend to President Goodluck Jonathan to succeed the retiring Chief justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar.

    This is line with Section 21(a)(i) of the Constitution, which says: “The National Judicial Council shall have power to recommend to the President, from among the list of persons submitted to it by the Federal Judicial Service Commission (FJSC), persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court.”

    Justice Mukhtar assumed office as the CJN on July 16, 2012 and will retire on November 20, when she is expected to attain the mandatory retirement age of 70.

    Barring any unforeseen development, the next most senior Justice of the court, Justice Mahmud Mohammed, is expected to succeed the retiring CJN, in line with the apex court’s long tradition.

    It is not yet certain if the tradition will be sustained because of the recent departure from such practice, which led to the appointment of Justice Zainab Bulkachuwa as the president of the Court of Appeal. She was not the most senior justice of the Court of Appeal when she was appointed.

    Our correspondent learnt that the FJSC met on October 23 and submitted a list of the three most senior Justices of the Supreme Court to the NJC, as stipulated by the constitution.

    The NJC is expected to follow up on the list submitted by the FJSC, meet on Thursday and recommend one of the names on the FJSC list to President Jonathan for appointment.

    On the FJSC’s list are: Justice Mohammed, who serves as the deputy chairman of the NJC by virtue of his being next to the CJN, the Chairman of the NJC and the FJSC; Justices Walter Samuel Nkanu Onnoghen and Ibrahim Tanko Muhamad.

  • Fayose: Test for Executive as NJC orders courts to sit

    Fayose: Test for Executive as NJC orders courts to sit

    CJ directs action

    The battle line appeared drawn yesterday between the Executive and the Judiciary, following the insistence of the National Judicial Council( NJC) that courts in Ekiti State must hold sittings.

    The NJC directed the Chief Judge, Justice A.S. Daramola, to make a formal announcement to reopen the courts. He did.

    The Council also asked the CJ to see whether law enforcement agents will protect the judges in Ekiti State or not.

    According to a source, members of the NJC were unhappy that the police had not complied with their advice to protect judges.

    They said the slight on the Judiciary must be resisted to prevent anarchy in Ekiti State or any part of the country.

    The source said: “Members considered a brief on Ekiti, especially the continuous closure of the courts. They said there was no justification for the siege since the case against the Governor-elect, Mr. Ayodele Fayose, was not the only matter in Ekiti courts.

    “The NJC directed the Ekiti CJ to make a formal announcement of the reopening of the courts to see whether the law enforcement agents will respect the Judiciary or not.”

    Another source said the NJC took the decision to preserve the integrity of the Judiciary as an arm  of the government.

    “It is now left to the Executive, which controls the police and security agencies, to respect the sanctity of the Judiciary,” the source said, adding: “Whatever happens next will determine the next line of action of the NJC. Just know that we are not at war with the Executive, but we want the independence of the Judiciary preserved.”

    The Chief Registrar of the Ekiti State High Court directed compliance with the directive of the NJC.

    The Chief Registrar, Mr. Obafemi Fasanmi, in a statement in Ado-Ekiti said: “The Chief Judge of Ekiti State Justice Ayodele Daramola, has directed that all courts in Ekiti State should be open to the general public.”

    The Ekiti Chief Judge closed all courts in the state following attacks on judges and courts by thugs suspected to be sympathetic to Governor-elect Ayo Fayose.

    Fayose is in court in a case by a pressure group E-11, challenging his eligibility to contest the June 21 governorship election in the state which he won.

    But his supporters are believed to be working towards stopping the case from taking place before Fayose is sworn in on Thursday

    Two judges were atttacked on September 22 and 25.

    On September 22, Justice Olusegun Ogunyemi’s court was disrupted during proceedings in the eligibility case.

    The judge refused an application to set aside an order abridging the time for Fayose to file his defence.

    On September 25, Justice John Adeyeye, was beaten and his suit torn

    The NJC  directed the police to investigate the incidents and also to provide security for courts in the state to ensure impartial administration of justice after the CJ reported the attacks to the body, which conveyed an emergency meeting.

    But the security agencies have since taken over the premises of the courts claiming that it was not safe for judges to operate. That was the situation uptill yesterday.

  • Ekiti judicial crisis: Jonathan finally speaks

    Ekiti judicial crisis: Jonathan finally speaks

    After Ekiti State governor-elect, Ayo Fayose, inspired the intimidation of the judiciary in Ekiti a few weeks ago, I wrote that it was necessary for Nigerians to wait for the reactions of President Goodluck Jonathan, given his oath to defend and uphold the constitution, the National Judicial Council, and a few other leading Nigerians. The NJC, perhaps for obvious reasons, was quick to respond. It ordered the reopening of the courts in Ekiti, asked for the police to both provide adequate security for the courts and investigate the crisis, and arrest those who planned and executed the attacks on the courts and their judges.

    The ruling Peoples Democratic Party (PDP) also spoke fairly quickly. Through its spokesman, the unscrupulous Olisa Metuh, the party reiterated the allegations made by Mr Fayose suggesting that the opposition All Progressives Congress (APC), which lost the June governorship election, was planning to use the courts to subvert the swearing in of Mr Fayose. He saw nothing wrong with the self-help embarked upon by thugs acting on behalf of his party. He did not see the danger of the consequences of intimidating the judiciary, how it could predispose the country to anarchy, where everyone second-guesses the courts and takes unlawful steps to achieve or enforce private objectives.

    For weeks, the president kept quiet. Finally, however, Dr Jonathan has spoken, and what he had to say is truly depressing. By keeping silent over the grave attacks on the courts, attacks that horrified the rest of the world more for the tepid response of security agents and the government, the president is unaware he has spoken. He in effect has endorsed the attacks by conniving at it. Any other president would have moved speedily to protect the judiciary. But since he himself had once attacked the judiciary by prejudicially sacking a president of the Appeal Court, Justice Ayo Salami, it was inconceivable that he would be horrified by the attacks on Ekiti courts inspired and led by Mr Fayose.

    To reinforce the president’s unspoken but unmistakable views on the attacks, the courts ordered reopened by the NJC have been kept under lock and key by soldiers and policemen. The security agents are supposed to provide security for the courts as they reopen, but they have ensured they are shut even against a few of the judges who attempted to gain entry and resume work. The security agents hide under the strike embarked upon by Ekiti civil servants to defy the NJC and to keep the courts shut until Mr Fayose is sworn in. The country has not felt sufficiently outraged enough to compel Dr Jonathan to live up to the oath he took to uphold and defend the constitution. Politicians, unable to appreciate the enormity of the precedence being laid in Ekiti, hide under partisanship to excuse the anomaly. We are sowing the wind; and it is certain we will reap the whirlwind.

    It takes a visionary leader to see the damage to the body politic caused by the Ekiti attacks. It takes a leader to understand the dangerously sublime message being sent out by the attacks. It takes a deep leader to recognise that in a global village the madness shown in Ekiti and connived at at the highest level lowers us, and particularly the president, in the esteem of the world. The president has indeed spoken, and we must recognise that what he had to say is unflattering and humiliating to the black man. The consequences are unavoidable. They will come. And it is not only the victims of the court closure and attacks that will suffer; even the inspirers and executors of the attacks, not to say the presidency itself, will suffer much more.

  • Fayose: Police padlock court’s gate to stop case

    Fayose: Police padlock court’s gate to stop case

    E-11 alleges death threats

    COURTS are set to reopen today in Ekiti State.

    The reopening comes about one week after the Chief Judge ordered their closure following attacks on some judges, lawyers and litigants by supporters of Governor-elect Mr. Ayodele Fayose.

    But the courts may remain closed, a source said last night, because of a directive from the Presidency to the police that the case against Fayose should not be allowed to go on.

    Inspector General of Police Sulaiman Abba could not be reached for comments last night on an order he was said to have issued Police Commissioner Taiwo Lakanu, who also could not be reached as his mobile phone went unanswered.

    Police spokesman Emmanuel Ojukwu also did not take his call.

    Fayose is facing a legal test of his integrity.

    A group of Ekiti stakeholders, the E-11, is claiming that he should not have participated in the June 21 election because he allegedly lied in his form.

    Justice John Adeyeye, who is hearing the matter, was beaten up, his suit torn by pro-Fayose thugs who stormed the court, smashing property.

    The National Judicial Council (NJC) has said the case should go on, with the police providing security and arresting all those who attacked the courts.

    In what appears a distortion of the NJC’s recommendations, the police were last night erecting obstacles towards ensuring that the court does not open to hear any case.

    The Police were said to have told judges that the environment was not safe enough for them to resume duty. They also suggested that the fence of the high court complex be raised  before they could resume.

    “All these are being done to give the judges a sense of insecurity,” a source said last night.

    The E-11, has alleged death threats on its members through phone calls and messages over the suit.

    The group’s chairman, Mr. Femi Ajiniran, who made this known in a statement yesterday, called on the police and the Department of State Security (DSS), among others, to track and bring the masterminds of the threats to book.

    He explained that some of its members had been receiving threats after Justice Olusegun Ogunyemi was attacked and manhandled on the premises of the Ekiti State High Court on September 22.

    Ajiniran added that the threat calls and messages persisted after another attack was meted on a judge of the high court, Justice John Adeyeye.

    He noted that some members of the group like himself, Senator Babafemi Ojudu, Mr. Femi Ajayi, Mr. Niyi Ajakaiye and others got the threat calls and messages on September 23 through 08067368077 at 15.15pm;08057360202 (15.18pm);08064961472 (15.22pm); and 07030083553 (15.36pm).

    The threats were also sent through 08139463115 at 15.40pm;080114355195 (16.22pm);08063196042 (16.18pm);08023518200 (16.13pm);07034959184 (16.00pm);08039427568 (16.48pm) and 08055557522 at 18.12pm.

    Ajiniran added that the group’s members also received threat calls and messages through the following phone contacts: 07064932467 at 12.08pm;08067813113 (13.13pm) and 08065047910 (18.34pm).

    He called on the police and the DSS to investigate those behind the threats.

    Ajiniran noted that the callers threatened to destroy their property and attacked their families if they did not withdraw the suit against Fayose.

  • NJC probes pro-Fayose thugs’ attacks on judges

    NJC probes pro-Fayose thugs’ attacks on judges

    Tension in Ado-Ekiti 

    CNPP, SANs, Saraki, others worried

    The National Judicial Council (NJC) may convene an emergency meeting over last week’s attack on courts and judges in Ekiti State by pro-Governor-elect Ayodele Fayose thugs, The Nation has learnt.

    Mr. Justice John Adeyeye was attacked by Fayose’s supporters, who tore his suit, at the Ado-Ekiti High Court premises.

    A report on the incident has been written by Ekiti State Chief judge, Justice A. S Daramola, whose court room was invaded and record shredded. Chief Justice of Nigeria (CJN) Justice Mariam Alooma Muktar, who is the NJC chairman, got the report on Friday, according to sources.

    It was gathered that the NJC is of the opinion that a firm decision must be taken on the matter to strengthen  the esteem of the judiciary.

    Investigation by our correspondent revealed that NJC members were “embarrassed” because the attacks on judges threaten the Judiciary.

    A source said: “The NJC is going to probe the incidents because the assaults amounted to threats to the Judiciary. And if the Judiciary cannot operate freely in any society, anarchy will set in.

    “Already, the NJC is  planning an emergency meeting on the development in Ekiti which, if not checked, may be replicated in other states.”

    The source added: “The CJN has received a preliminary report from Ekiti Chief Judge; it is left to the NJC to conduct a comprehensive appraisal of the incidents.

    “Also, the Ekiti State Government and lawyers involved in the matters have also made representations to the CJN and the NJC.”

    Details of the report were not known yesterday, but a source said it contained the fact that Fayose “supervised” the thugs who beat up Justice Adeyeye.

    Fayose denied that any judge was assaulted.

    Another source said: “All the parties have sent reports on their travails to the CJN, who will present all the facts to the NJC.”

    Ekiti State Commissioner for Justice and Attorney General  Mr. Wale Fapounda, has requested for the video recordings of Saturday’s Sunrise early morning programme on Channels Television in a possible investigation of the role of lawyers in the sacking of Justice Ogunyemi’s court in Ado Ekiti on September 2.

    The Peoples’ Democratic Party (PDP) spokesperson during the programme, Mr. Gboyega Adesogan, stated that it was the PDP lawyer that informed the hoodlums of the happenings in the court which led to their violent disruption of proceeding.

    According to a statement from the office of the attorney general, the admission by the PDP spokesman corroborated witness accounts and the petitions he had received on the role of lawyers in the fracas.

    Yesterday, the Conference of Nigerian Political Parties(CNPP) condemned attacks on judges and demanded the relocation of the affected courts from Ekiti State to the Federal Capital Territory(FCT).

    The CNPP made its position known in a statement in Abuja by its National Publicity Secretary,  Mr Osita Okechukwu.

    The statement said: “The Conference of Nigerian Political Parties (CNPP ) is outraged over the desecration and tragic assault on the temple of justice, in Ekiti State on 22nd and 25 September, 2014; resulting in assault of Judges and naked beating of Honourable John Adeyeye and subsequent closure of courts in the state.

    “Our understanding of what triggered-off the mayhem of September 22, 2014, was that political thugs allegedly associates of Mr. Ayo Fayose, the governor-elect of Ekiti State, frowned at the audacity of  Honourable Justuce Isaac Ogunyemi  to rule in favour of jurisdiction to try a case involving the governor- elect.

    “What emboldened the thugs to move violently on September 25 to sack the Ekiti Election Petition Tribunal was the siddon-look or sheer indifference of the Nigeria Police and other security agencies, in whose full glare the brutal attack took place.

    “Feeling highly insecure, since the security agencies had become accomplices of the thugs, the Chief Judge of State shut down the courts.

    “It is on this score that we call on the Chief Justice of Nigeria and Chairman of the Nigeria Judicial Council to, as a matter of urgent national importance, relocate the two courts to the Federal Capital, Abuja, for speedy dispensation of justice.

    “CNPP cannot recollect where such bizarre and brazen assault on temple of justice took place in recent times, except in Uganda under Idi Amin and in banana republics of yester-years – Burma and Latin America.”

    Senator Bukola Saraki described the situation in Ekiti State as a big threat to democracy, political stability and judicial independence.

    Dr. Saraki, a chieftain of the All Progressives Congress (APC), urged the National Judicial Council, The National Judicial Institute, the Nigerian Bar Association, the Body of Benchers and other related judicial bodies to rescue the judiciary.

    They “must also condemn this act and show concern in respect of this barbaric attack to one of their own,” he added.

    In a statement, the chair of Senate Committee on Environment and Ecology said: “I am personally worried and concerned, as a Nigerian and as a stakeholder in the Nigerian polity. Whether the Ekiti State crisis is APC or PDP driven or whether it is as a result of an act of commission or omission and or whether it is government, group of people or individually driven, I must say without any ambiguity that what has happened in Ekiti State in the last few days is totally unacceptable and should be dealt with immediately and decisively too in good time.

    “A situation where the independence of our judiciary and its  institutions in particular and the office of our respected judicial officials are no more secured and safe  to discharge and practise their constitutional responsibility and professional roles respectively,  calls for a signal that anarchy is about to set in to our polity.

    “It is unfortunate that at a time when we as a nation are battling high rate of insecurity and insurgency across the country and such assault is being unleashed on a Judge of a High Court on official duty, brings a deeper thought to the level of leadership we are providing to this country.

    “It is appalling that since the attack on one of the High Court judges in Ekiti State, the Federal Government, the Presidency and the ruling party has either refused, neglected or failed to make a formal pronouncement on this unwarranted attack. This is a sign of bad leadership. A precarious situation of this nature should not be sacrificed on political expediency.  This is unacceptable.

    “A situation where the Federal Government, the Presidency and the party that forms the government at the national level deem it not to be concerned and decide to keep mum over the unwarranted attack on our judges is an act of dereliction of duties and responsibilities,” he said.

    Senior lawyers described the attack on judges and court as an unwarranted debasing of the temple of justice, and a threat to the sustenance of democracy.

    Jibrin Okutepa (SAN), Duro Adeyele (SAN), the Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, rights activist Festus Keyamo, Kalouma Umar and Richard Chukwuocha said this “frightening trend” must be halted immediately.

    Adeyele said: “The attack is very unfortunate. It should not happen at all. The court is the last hope of the common man, and so long as we keep it high, it will be better for our society.

    “It is not in the interest of those who attacked the court. I am sure they will realise this and change their stance. This is not about what the government should do. It is a question of what the people should do. People should imbibe civility and know what is good for their interest.”

    “What they are doing in Ekiti is actually against the interest of those who attacked the court. This is because if they are accused of anything, they will be taken to that same court. It is in the general interest that people desist from such unnecessary attacks on the court,” the Senior Advocate said.

    Okutepa said: “If it did happen, then we should say goodbye to the rule of law. We are already facing serious intimidation and the almost extinction of rule of law in this country. So, if the rule of the jungle is now taking over the rule of law, then might will soon become right and the peace and tranquillity currently being  threatened, would have been completely wiped out.

    “The criminally-minded will continue to rule us and the rest of us will have to run for our dear lives. And then, we can now say Nigeria is finally dead. I just wish it didn’ happen.

    “It may be Ekiti today, the next could be Abuja. They are testing the waters, and it portends grave danger for 2015. It means that electoral process can no longer be determined by democratic means.”

    To Keyamo, “it is complete debasing of the Judiciary” and that should never happen. “If it becomes a trend, and the Judiciary is continually subjected to attack, that may well be the end of democracy,” he said, adding: “Politicians are now bringing the hooliganism in politics to the Judiciary. It is what all right thinking men must condemn. It must stop immediately. To attack the Judiciary is to drag the Judiciary into the muddy waters of politics. And that will destroy the entire democratic process,” he siad.

    In Odinkalu’s view, “it is despicable. Actually, it is beyond despicable in view of the fact that you are not hearing a consensus condemnation across the political divide,” he said, adding:

    “This is because the same politicians will go to these election tribunals tomorrow. I do not thinks there is word enough to condemn what is happening.

    “The law is very clear that it is wrong to attack a judge. And if that happens, the law is very clear on what should be done. The fact that we are not seeing any meaningful steps to punish those behind this condemnable act means that some people have been licensed to attack judges.

    “Today, it is happening in Ekiti State, tomorrow, it is going to happen elsewhere and this is gradually returning us to 1963 and 1964 in the Southwest and the country, nobody wants this.”

    Chukwuocha condemned it all as “ serious infraction on the rule of law and the height of contempt in the face  the court. All the people that participated in that mayhem should be arrested and prosecuted, and if found guilty, should be prosecuted according to the law,” he said.

  • Detained Ibadan businessman petitions NJC

    Detained Ibadan businessman and Chief Executive Officer (CEO) of Pelly Foam Industry, Mr. Dapo Davies, has petitioned the National Judicial Council(NJC) for the alleged bias of Justice Aderonke Aderemi of the Oyo State High Court, who issued the bench warrant for his arrest.

    In the petition dated July 14, the Pelly Foam chief, said: “Justice Aderemi’s bias against me has intensified and manifested in worse forms” ever since she got wind of the earlier petitions, as the Judge “interpreted the petitions to mean contempt of court and summoned me to appear before her even though I do not have any criminal charges filed against me.

    “On July 2, 2014, she issued a bench warrant on me and ordered that I be remanded in the prison. I immediately filed an appeal against the order. The appeal has been fixed for November 18, 2014 for hearing…Despite this fact, Justice Aderemi continued as if my appeal did not matter or that the appellate court is subservient to her court.”