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Tag: NJC

  • NJC retires Justices Olotu, Inyang for gross misconduct

    NJC retires Justices Olotu, Inyang for gross misconduct

    The National Judicial Council (NJC) has recommended the retirement of Justices Gladys Olotu of the Federal High Court, Abuja and Ufot Inyang of the Abuja High Court for “gross misconduct”.

    The NJC directed that they should be suspended from office, pursuant to its disciplinary powers under the Constitution.

    The council also issued warning letters to three others, who it accused of low performance.

    The three include former Acting President of the Court of Appeal Justice Dalhatu Adamu, who was appointed when Justice Isa Ayo Salami (rtd) was suspended. Others are Justice A. A. Adeleye of the Ekiti State High Court and Justice D. O. Amaechina of the Anambra State High Court.

    NJC, in a statement yesterday by its Acting Director, Information, Soji Oye, said the decisions were taken after its February 26 meeting, chaired by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar.

    NJC said the decision to retire Justice Olotu was informed by its findings on the allegations in petitions written against her. The findings include:

    •That she “failed to deliver judgment only to deliver same in Suit No. FHC/UY/250/2003, 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days’’;

    •That she “admitted before the Fact-finding Committee of the council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder’’;

    •That she “entertained a post judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt after delivering judgment, which made her functus officio”; and

    •That in another case: Suit No. FHC/ABJ/CS/505/2012, “Justice Olotu failed to deliver judgment twice.”

    Justice Inyang also got the hammer, following the report on petitions against him.

    He was found to have “included in his judgment, references to the Garnishee Proceedings, which came after the judgment had been delivered on December 20, 2011.’’

    It was found that he “also included the name of the counsel to the Federal Road Maintenance Agency (FERMA), Chief Chukwuma Ekomaru, who came into the matter after the judgment of December, 20, 2011, was delivered.’’

    The NJC also found out that Justice Inyang “recklessly signed a writ of execution, a day after delivering his judgment of December 20, 2011, the same day a notice of appeal and motion on notice for stay of execution were filed.”

    The council said the judge continued with the garnishee proceedings despite application for a stay of execution and that before delivering his judgment, he “ignored a properly filed motion on notice for leave to file additional witness statement on oath.”

    Justice Dalhatu Adamu, who holds the National Honour of the Commander of the Federal Republic (CFR), is a Justice at the Court of Appeal, Kaduna division.

    He was warned for absenting himself from duty, a gross misconduct contrary to the 1999 Constitution, as amended and the Code of Conduct of Judicial Officers.”

    The offence of Justices Adeleye and Amaechina was that of low performance.

    “It would be recalled that council, at its last meeting which was on December 4 and 5, 2013, considered and deliberated on the report of its five-man committee, mandated to invite judicial officers with low performance or non-performance to appear before it. “At the end of deliberation on the report of the committee, council found Justice A. A. Adeleye of High Court of Justice, Ekiti State and Justice D. O. Amaechina of High Court of Justice, Anambra State, culpable of low performance.

    “Consequently, council decided to warned them for decline in their productivity,” NJC said.

  • NJC retires Justices Olotu, Inyang over gross misconduct

    The National Judicial Council (NJC) has recommended to President Goodluck Jonathan, the compulsory retirement of Justices Gladys Olotu of the Federal High Court, Abuja and Ufot Inyang of the Abuja High Court over “gross misconduct.”

    The NJC directed their immediate suspension from office, pursuant to its disciplinary powers under the Constitution.

    The council also issued warning letters to three others, who had been accused of low performance.

    The three include the former Acting President of the Court of Appeal, Justice Dalhatu Adamu, who was made Acting President when the now retired Justice Isa Ayo Salami was suspended by President Jonathan.

    Others are – Justice A. A. Adeleye of the Ekiti State High Court and Justice D. O. Amaechina of the Anambra State High Court.

    NJC, in a statement issued on Thursday by its Acting Director, Information, Soji Oye, said its decisions were taken after the members’ meeting on February 26 under the Chairmanship of the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar.

    It said the decision to retire Justice Olotu was informed by its findings on the allegations contained in the petitions written against her. The findings include:

    •That she “failed to deliver Judgment only to deliver same in Suit No. FHC/UY/250/2003, 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions those judgments should be delivered within a period of 90 days.

    •That she “admitted before the Fact Finding Committee of the Council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder.

    •That she “entertained a post judgment matter in suit No. FHC/UY/CS/250/2003 in Port Harcourt after delivering judgment, which made her functus officio;” and

    •That in another case: Suit No. FHC/ABJ/CS/505/2012, “Hon. Justice Olotu failed to deliver judgment twice.”

    On his part, Justice Inyang was axed sequel to the findings of the NJC on allegations leveled against him by some petitioners.

    He was found to have “included in his judgment, references to the Garnishee Proceedings, which came after the judgment, had been delivered on December, 20, 2011.

     

  • ‘Intervene in Olofa stool impasse’

    ‘Intervene in Olofa stool impasse’

    The Olugbense ruling House of Offa, Offa Local Government Area of Kwara State has called on the Chief Justice of Nigeria, National Judicial Council (NJC) and the Appeal Court president to intervene in the tussle over the Olofa stool.

    The Appeal Court sitting in Ilorin had, in July last year, declared the selection and installation of the Anilelerin candidate, Mohammed Mufutau Gbadamosi, as the Olofa of Offa, illegal.

    Olugbense and Anilelerin are the two ruling houses in the ancient town.

    But the monarch appealed the judgment at the Supreme Court and filed a motion at the Appeal Court for a stay of execution, pending the Supreme court judgment.

    The Olugbense House petitioned the Chief Justice of Nigeria, Justice Aloma Maryam Mukhtar, alleging bias.

    Spokesperson of the Olugbense House, Prince Saka Keji said the resumption of the case on Monday this week heightened his earlier suspicion.

    The spokesperson told reporters that: “The whole matter is suspicious. It heightened our suspicion. We formally requested our case to be transferred to another panel. We don’t know the insistence of this same panel hearing this matter.”

  • New PCA to emerge in February

    New PCA to emerge in February

    A new President of the Court of Appeal (PCA) will emerge in February, it was learnt yesterday.

    The Office of the Chief Justice of Nigeria said there was no rift in the National Judicial Council (NJC) on the appointment of a successor to the former president, Justice Isa Ayo Salami.

    Justice Salami retired in October, leading to intense lobbying for the office.

    There are two options being considered to guide the appointment of a substantive PCA.

    The options are either to jettison seniority in the hierarchy of the Court of Appeal or second a judge from the Supreme Court to head the appellate court.

    There are three senior judges at the Court of Appeal; former Acting PCA Justice Dalhatu Adamu (Niger); Acting President Justice Zainab Bulkachuwa (Gombe) and Justice Amiru Sanusi(Katsina).

    Justice Adamu served as acting president for 15 months, while Justice Zainab Bulkachuwa has spent about a year in office.

    It was gathered that besides the intrigues among judges, the NJC is yet to begin the process of appointing a PCA.

    A source said: “By the reckoning of the NJC and the CJN, the earliest possible date for the appointment of a substantive PCA is February when the tenure of the Acting PCA Justice Zainab Bulkachuwa would have elapsed.”

    Media Aide to the CJN Ahuraka Yusuf Isah yesterday said there was no division in NJC on the appointment of a new president of the Court of Appeal.

    He said there was no time members of the NJC walked out as a result of the disagreement on the new PCA.

    “The NJC has rules that where there is no consensus over a matter, the decision is arrived through voting.

    “The question of protest by way of walking out on the revered Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, is a mere figment of the imagination.

    “Besides, there is no vacuum in the Court of Appeal leadership since the appointment of Justice Zainab Bulkachuwa is yet to lapse.”

  • Succession crisis hits Appeal Court

    Succession crisis hits Appeal Court

    Who will succeed Justice Isa Ayo Salami as President of the Court of Appacl (PCA)? The question remains as knotty as it was when Justice Salami retired in October after reaching the statutory age.

    Moves to appoint a new PCA for the court has created a crisis, following alleged plans to either jettison seniority or second a Justice of the Supreme Court to head the appellate court.

    The three senior judges of the court are the former acting PCA, Justice Dalhatu Adamu(Niger); the acting President, Justice Zainab Bulkachuwa(Gombe) and Justice Amiru Sanusi(Katsina).

    Justice Adamu was acting president for 15 months. Justice Zainab Bulkachuwa is about a year in office as acting president.

    It was learnt that the initial jostle for the PCA was between the three senior justices until a “Plan B” – to second a Justice of the Supreme Court to lead the appellate court – was floated.

    It was gathered that the decision to redeploy a Justice of the Supreme Court is aimed at reorganising the court following the polarisation of the judges during the face-off between a former Chief Justice of Nigeria, Justice Aloysius Katsina-Alu and Justice Salami.

    Court of Appeal justices and some members of the Bar are said to be unhappy with the likely imposition of a PCA from the Supreme Court.

    The last time a Justice of the Supreme Court led the Court of Appeal was in 1976 when the late Justice Dan Ibekwe was appointed as the pioneer PCA.

    A lawyer, Sunusi Musa, has also petitioned the Chief Justice of Nigeria, Justice Maryam Alooma Mukhtar.

    A top source said: “The judges are not happy that there is a plan to circumvent seniority list in the Court of Appeal. They believe a distortion of the seniority list might give room for mediocrity and politicisation of the appellate court.

    “They also alleged that jettisoning of seniority may affect discipline and the morale of the judges because they will become desperate to lobby for elevation.

    “They said if the Supreme Court had not adhered strictly to seniority list, the CJN would not have reached the pinnacle of her career.

    “Some of the judges also queried why a Supreme Court Justice would head the Court of Appeal when there are capable hands to do the job.

    “They alleged that once a PCA is appointed from the Supreme Court, it will foreclose the prospect of a judge of the appellate court rising to the top. Their fears border on politics creeping into the Bench which may not augur well for the system.”

    Section 238 of the 1999 Constitution provides guidelines on the appointment of the PCA.

    The section says: “The appointment of a person to the office of President of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

    “A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria as has been so qualified for a period of not less than 12 years.

    “If the office of President of the Court of Appeal is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Court of Appeal to perform those functions.

    “Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.”

    In a December 1, 2013 petition to the CJN, Justice Maryam Alooma Mukhtar, a lawyer, Sunusi Musa, urged the National Judicial Council (NJC) to respect seniority on the bench.

    The petition reads in part: “Some people are mulling the idea of bringing someone from the Supreme Court to head the Court of Appeal. I am of the humble opinion that doing so may not speak well for the system best known for its conservatism in following an established custom of succession, which has for over the years been on seniority and which her lordship have battled even of recent to uphold, when some governors wanted to breach the tradition.

    “Her lordship may recall that the NJC recently had a cause to reject the nomination for the position of the Chief Judge of Rivers, Adamawa, Kwara and Osun States respectively, based on breach of seniority tradition.

    “The governors, by virtue of the powers conferred on them by the Constitution, forwarded to the NJC their nominations for the post of Chief Judge of their states and in all the cases, NJC under your able leadership stood its ground and advised the governors to forward the names of most senior judges in their states High Court for the appointment.

    The petition traced the history of the leadership of the Court of Appeal. It listed its five substantive presidents as: Justices Dan Ibekwe, Mamman Nasir, Mustapha Akanbi, Umaru Abdullahi and Isa Ayo Salami. Justice Dalhatu Adamu served in acting capacity for 15 and now Justice Bulkachuwa is acting in same capacity for more than a year.

    The petitioner went on: “As his lordship is aware, when the Court of Appeal was established in 1976, late Justice Ibekwe and Justice Nasir who were Supreme Court Justices then, volunteered to go to the Court of Appeal in order to put it in a proper and solid setting; since the work of the Court of Appeal and the Supreme Court are similar, the two eminent jurists were brought from the Supreme Court to set up the newly established Court of Appeal. Apart from them I do not think there was any other Justice that has gone to Supreme Court and later returned to the Court of Appeal.

    “Justice Nasir, being junior to Justice Ibekwe, served under him for two years and after his demise, Justice Nasir became the PCA. That tradition was not broken as Justice Akanbi, being the most senior, succeeded Justice Nasir. Justice Akanbi was succeeded by Justice Abdullahi, who was also succeeded by Justice Salami. I could still recall Justice Salami saying he had earlier rejected elevation to the Supreme Court, perhaps because of his ambition to be PCA.

    “If the reports are anything to go by, NJC under your watch, is being portrayed to represent what it abhors.

    “If the NJC will insist on appointing the most senior Judges in four different states as Chief Judges, then why is the same NJC now trying to do otherwise in the case of President of Court of Appeal?

    “And even by seniority the Justice that is being touted to be brought from the Supreme Court is far much more junior than the most senior justice of the Court of Appeal before his elevation to the Supreme Court.

    “My lord from the records available, this Justice in question, was appointed to the Court of Appeal after the most senior Justice had spent eleven years there. By providence, he was elevated to the Supreme Court, and now rumoured to be coming back to the Court of Appeal in breach of his seniority in that court.

    “That will certainly create disquiet among Justices of the court. This is a clear case of circumventing the seniority tradition and I don’t think history will be favourable to his lordship if his lordship is to allow this to happen under his watch.”

    The petition recalled that late Justice Sadi Mato of Kano State High Court spoke of how the late Justice Bello, the former CJN rejected being appointed the CJN thrice in order not to breach the seniority tradition.

    “According to late Justice Mato, the late Head of State, Gen. Murtala Muhammed, Presidents Shagari and Babangida all offered Justice Bello the position of the CJN at different times, but in all the cases he turned the offer down on the ground that he cannot be CJN while his seniors were on the bench.”

  • Colleagues, friends betrayed me – Justice Salami

    Colleagues, friends betrayed me – Justice Salami

    Retired President of the Court of Appeal, Justice Isa Ayo Salami, on Thursday disclosed that his colleagues and friends in the judiciary betrayed him during his trying time.

    Justice Salami, who likened his case to that of the biblical Joseph, who was sold to slavery, by his family members, faulted roles the National Judicial Council (NJC) played in the events leading to his suspension.

    He contended that NJC, by its conduct, sold out to the Executive and failed in its duties and functions.

    Justice Salami argued that not only was the NJC wrong in suspending him, having lacked the constitutional powers to so act, it also acted wrongly when it asked President Goodluck Jonathan to suspend him.

    Justice Salami, who retired on October 15 as the court’s fifth President, spoke during a valedictory court session held in his honour by the court.

    The Attorney General of the Federation (AGF), Mohammed Adoke (SAN) was absent at the event. He also did not send any representative.

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, former CJN, Justice Mohammed Uwais, Justice Mahmood Mohammed of the Supreme Court and the President of the National Industrial Court, Justice Babatunde Adejumo were among those at the event.

    Justice Salami, dressed in the ceremonial gown of Justices of the court, presided over proceedings. He sat on the seat he occupied until August 18, 2011 when he was purportedly suspended by President Jonathan.

    He wondered why the NJC created by the Constitution to protect judicial officers (judges) abandoned its responsibilities and sold out in his case.

     

     

  • Salami unfairly treated by NJC, says Uwais

    Salami unfairly treated by NJC, says Uwais

    It was fantastic farewell to a fearless Jurist who was “unfairly treated”.

    Retiring Appeal Court President Justice Isa Ayo Salami was all smiles as the encomiums came down in torrents.

    Former Chief Justice of Nigeria (CJN) Justice Mohammed Uwais said the National Judicial Council (NJC) – judiciary’s highest administrative body – acted unfairly in the manner it handled Justice Salami’s suspension.

    He regretted that a body peopled by eminent and experienced minds could act in the manner the NJC treated Justice Salami.

    It was all in Abuja at the launch of a book titled: “Isa Ayo Salami: Through life and justice”, written in honour of Justice Salami.

    The former CJN, who was the event’s Chairman, argued that it was wrong for the NJC to have involved President Goodluck Jonathan in its decision to discipline Justice Salami.

    Relying on the provisions of Section 153 (2) of the Constitution, Justice Uwais restated his earlier position that President Jonathan lacked the powers to suspend any judge.

    He argued that having retired on October 15, Justice Salami’s suspension automatically lapsed.

    “Sometime in April 2011, I expressed my opinion on the issue in answer to a question by the media in Lagos.

    “Let me now expatiate what informed my answer that it is the NJC that is vested with the power to suspend a judicial official (a judge that is) for misconduct, as a disciplinary measure, and not the President of the Federal Republic of Nigeria.

    “It follows that Justice Isa Ayo Salami has been unfairly treated by the NJC. It is disturbing, to say the least that the NJC, whose membership consists of eminent and experienced judges and lawyers, should act in the manner they treated Justice Salami.

    Former Attorney General of the Federation (AGF) Abdullahi Ibrahim (SAN) argued that Justice Salami was unduly maligned. He said all the allegations made against him were not true.

    Ibrahim, who said he had known Justice Salami for long, added that he was incapable of committing all the atrocities that his name was wrongly associated with.

    “We have known him from his youth in the profession. He is a humble gentleman by any standard of the word. He is an intelligent human being, and above all, a man of integrity.”

    Former President of the Court of Appeal Justice Mamman Nasir was delighted at the large turnout of judges and lawyers at the event.

    He said the development demonstrated a united judiciary that is intact, despite attempts to cause disaffection among its members.

    Governor Abdulazeez Yari of Zamfara State warned of the negative consequences of the growing culture of impunity, abuse of power and injustice in the country.

    “We should stand up for justice whenever injustice is being meted out to anybody,” he said.

    The governor said it was unhelpful to the growth of democracy if the people failed to confront acts of injustice.

    He said the people should not take for granted what is happening in the country, else the violent crises being experienced in other countries could occur here.

    He bought 250 copies at N55million – on behalf of the 11 progressive governors.

    The spacious venue was filled to capacity, with dignitaries.

    But the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar was absent. She also did not send a representative.

    Former Lagos State Governor Asiwaju Bola Tinubu said history will be kind to Justice Salami in spite of the deliberate plot to humiliate the judge out of the bench by the Peoples Democratic Party-controlled Federal Government.

    He also said it is regrettable that justice has been placed on the auction block in the country.

    He said: “We live in an era where justice has been placed on the auction block. Too often the temple of justice has decayed into a chamber deceit. One man fought to bring justice back into the temple through singular acts of courage. He stared injustice and the misconduct of craven power in the face and did not flinch. He stood his ground because it was a firm and honest position, established on the unbiased rule of law.

    “Justice Salami represented the judiciary a true democracy needs. We are yet to achieve this judiciary simply because those in power do not want it. They do not want judges who are objective arbiters of the law. They want jurists who cheer for them not jurist who cherish the law. They want judges who believe power and might are the law not judges who believe in the power and might of the law.

    “For being forthright and objective, Salami was taken from his deserved position on the bench by the ruling party. An innocent man was made to suffer, pilloried for the sin of being good and forthright. Those who forced him into retirement saw him as an obstacle because he did not play favourites.

    “When it came to the law, he did not play at all. He held the law in great esteem and protected it as one should protect the cornerstone of a just society.

    “The story of Justice Salami is instructive. Despite being exonerated by numerous panels of men of integrity, the government refused to re-instate him. Though kept at home, he was a constant thorn in their side because he would not abide their script. His compass was not the demands of those in power . His compass was the dictates of the law. In another setting, he would have been proclaimed a great and noble man. In Nigeria, he was punished.

    “Salami’s account is the story of Nigeria. Nigeria stands in the cross winds of history. Unless we find more men with the gravity and sobriety of Justice Salami in the judiciary we shall be swept in the wrong direction by the terrible gales of unbridled ambition and mean power.”

    The ex-governor clarified that Salami was never a stooge of  the defunct ACN.

    He said: “ Instead of learning democratic lessons from the judicial overturning of its electoral violations, the ruling party has vowed t overturn the impartiality of the judiciary. Instead of desisting from practices deemed improper, the PDP now employs those same practices to wreck the operation of justice.

    “Thus government wrongfully ended the career of one of our illustrious jurists, Court of Appeal President, Justice Isa Salami. What was his crime? He refused to put his sense of justice on sale. Because of this, they slandered and libeled him. They rumoured he was in the pockets of the ACN. This was a terrible lie against a good man. Our party has no hold on him.

    “His verdicts were not for the ACN. They were for justice. However, those in power could not tolerate his impartiality. So partisan and power-mad, they cannot see that this man operates from principles different and more exalted than the crude politics they play.

    The book’s editor, Mrs Funmi Quadri, had, at the inception of the event, informed all that the CJN was being expected.

    Also at the event were former Head of State General Mohammed Buhari, The All Progressives Congress (APC) interim Chairman, Chief Bisi Akande, Governors Rauf Aregbesola (Osun) and Kayode Fayemi (Ekiti), former CJN Idris Legbo Kutigi and Acting President of the Court of Appeal Justice Zainab Bulkachuwa.

    Others are former Speaker of the House of Representatives Aminu Bello Masari, former Edo State Governor John Oyegun, APC’s Interim National Publicity Secretary Alhaji Lai Mohammed, former Federal Capital Territory (FCT) Minister Nasir el-Rufai, former AGF Akin Olujimi (SAN), Justice Salami’s wife, Mrs Olayinka Salami, President of the National Industrial Court Babatunde Adejumo, former Communication Minister Cornelus Adebayo, Justice Clara Ogunbiyi of the Supreme Court and Justice Mudashiru Oniyangi, who represented Justice Ibrahim Bukar, the Chief Judge of the FCT High Court.

    Alo present were Justices Mahmood Mohammed of the Supreme Court, M. A Garuba of the Court of Appeal, Lateef Fagbemi (SAN) Mike Ozekhome (SAN) Emeka Ngige (SAN) Adegboyega Awomolo (SAN) and Rickey Tarfa (SAN).

    The event was organised by a seven-man group, including Fagbemi, Tarfa, Ngige, John Baiyeshea (SAN), Abeni Mohammed and Funmi Quadri.

    The book reviewer, Professor Ademola Popoola of the Obafemi Awolowo University, Ile-Ife, said the book, a 7769-page compilation of Justice Salami’s unreported judgments, was not an attempt to do the honouree’s biography.

    He said any legal practitioner, who takes intelligent interest in the nation’s judicial system, will find the book interesting.

    Describing Justice Salami as an individual, who believes in due process, he recalled that the former Court of Appeal President once rejected an attempt to make him the Chief Judge of Kwara State in 1984.

    “He would have become the CJ of Kwara State in 1984 without asking for it. He refused and insisted that due process must be followed,” Popoola said.

    He urged Justice Salami to tell his own account of the incident leading to his suspension, stressing that “people will listen”.

    Reading Justice Salami’s citation, Adeniyi Akintola (SAN) noted that his suspension was not the first in his life.

    He recalled that Justice Salami was once suspended in his final year at the Secondary School, when as a School Prefect in Offa Grammar School, Kwara State, he mobilised students to protest against some decisions of the school’s authority.

    He described Justice Salami as a courageous man, “who dared to run where others feared to thread”.

  • Justice Salami’s retirement

    Justice Salami’s retirement

    •His last years of service will haunt the Jonathan presidency and the judiciary for the injustice he suffered

    Justice Ayo Salami, the unlawfully suspended President of the Court of Appeal (PCA), finally bows out of the judiciary after attaining the mandatory retirement age of 70. Unfortunately in complete abnegation of the rule of law, President Goodluck Ebele Jonathan refused to allow the distinguished jurist, to return to his duty post, despite his later clearance of any wrongdoing by the National Judicial Council (NJC) that has the constitutional prerogative over him.

    Indeed, it is possible that those who successfully ran roughshod over the constitution in the Justice Salami’s case may be celebrating his final exit, instead of mourning the desecration of our constitution – the foundation of our democracy.

    On our part, however, we condemn without equivocation the action of the government of the Federal Republic of Nigeria, particularly President Jonathan, for the denigration of our constitution. When the history of the presidency of Goodluck Ebele Jonathan is etched in words, his complete jack-boot treatment of Justice Salami, a President and Justice of the Court of Appeal, the second highest court in Nigeria, may rank among the greatest injustice of the era.

    In a complete mockery of our judicial system, the learned jurist suffered injustice in the hands of President Jonathan, for gallantly fighting for justice. So, for a common man, it will be a hard sell to convince him, that justice can be gotten from our system.

    But the successful persecution of Justice Salami mocks more than President Jonathan. Indeed, it mocks our nation as a republic. For, if indeed we are truly a republic, it would have been impossible for one man, in this case President Jonathan, to have the audacity, to effectively take on the fundamental law of the land, and successfully give it a bloody nose, without any consequence. After all, in our so- called republic, President Jonathan merely heads only one arm of the republic, out of three. So, it is legitimate to state, that the other two arms – the legislature and the judiciary – may have either connived or acquiesced to the maltreatment of Justice Salami.

    But between the two other arms, the judiciary surely is the greater culprit. We say so because the constitution itself envisaged that authorities of the republic, such as President Jonathan in this instance, may occasionally act arbitrarily, and so provided a safeguard. By the provisions of section 6 (6)(b) of the 1999 constitution, the judicial powers of the courts established under the constitution, “shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any questions to the civil rights and obligations of that person”. So, we ask, how come the courts could not rise up, to order that justice be done to one of its own?

    Probably the justices in the various courts that Justice Salami approached to give him justice, over his maltreatment by the republic, failed to appreciate that they too are victims of the executive impunity of the President, and the NJC, under the former Chief Justice of Nigeria, retired Justice Aloysius Katsina-Alu. Now, with the imponderable humiliation of the judiciary successfully carried by the executive at the initial prompting of the NJC, how many judges would have the courage to live up to their oath of office? Let us note, however, that to his credit, Justice Salami suffered with his head unbowed, and history will be kind to him. For those who connived or acquiesced to desecrate our constitution, theirs is to worry, about their own end.

  • Is retirement enough for alleged age falsification?

    The National Judicial Council (NJC) has recommended that Abia State Acting Chief Judge, Justice Shadrach Nwanosike, should proceed on compulsory retirement for alleged age falsification.

    The NJC took the decision at its 63rd meeting held on July 17 and 18.

    By the alleged falsification, the judge’s retirement age was unduly extended.

    Justice Nwanosike, however, is yet to react publicly to the allegation, which many consider weighty.

    Our correspondents’ efforts to reach him or get the Abia State judiciary failed at press time.

    Although the NJC’s decision has been described as a step in the right direction, some observers believe that retiring him is not enough deterrent if the allegation is true.

    However, the question on the lip of many is: Is it not a court of law that should determine someone’s guilt or otherwise of perjury?

    Having accused him of age falsification and recommended his retirement, should the matter end with the NJC decision?

    While some believe that compulsory retirement is enough punishment, others have called for more sanctions to deter others.

    To them, Justice Nwanosike, if indeed the allegation is true, should be made to face trial.

    Some lawyers believe that should he be found guilty by a court, he should be made to refund all salaries and benefits received after his genuine date of retirement.

    The allegation against Justice Nwanosike is not the first of its kind.

    There was the case of former Kwara State Chief Judge Justice Saka Yusuf (rtd), who was retired by the NJC led by former Chief Justice of Nigeria, Muhammadu Uwais, after he allegedly spent almost 20 years extra.

    Justice Yusuf was brought from the Kano Judicial Division by former Governor Bukola Saraki, when the tenure of Justice Timothy Oyeyipo as Chief Judge lapsed, instead of appointing the most senior judge in the state then, Justice Fola Gbadeyan.

    Justice Yusuf threw in the towel and left office. He was neither prosecuted by the state, nor asked to refund salaries and allowances he collected ‘illegally’ for over 20 years.

    Efforts to clarify Justice Nwanosike’s exact retirement date of the judge met brickwalls as the state’s judiciary Public Relations Officer, Friday Ikeoha, said he did not have the details.

    He said: ‘‘I do not know. You have to ask the CJ himself because I do not have details of his retirement.

    “It is an NJC matter and I do not keep his personal records. I do not have the Chief Registrar’s number, you may have to come to Umuahia.

    “The NJC only recommended to the governor to retire the CJ, it is left for the governor to decide.’’

    So, what happens to those decisions taken after his legitimate retirement age? Should he be charged to court?

    Lawyers’ reaction

    Lawyers hold divergent views on the matter. While some said the retirement was severe enough and would deter others from such acts, others were of the view that the judge should be prosecuted.

    Chief Emeka Ngige (SAN); chairman, Nigerian Bar Association (NBA), Ikeja, Monday Ubani, his Aba counterpart, Charles Eduzor; constitutional lawyer Dr. Fred Agbaje; Akintayo Iwilade and Chukwuemeka Eze said besides retirement Justice Nwanosike should also be tried.

    They said it was unbecoming of a judge to falsify their age.

    Ngige said: “I do not see the rationale of allowing somebody who committed a very serious crime as perjury to go home on retirement. It is like a slap on the wrist. The man should refund all salaries and allowances he collected for the three years he overstayed as a judicial officer to government coffers.

    “In addition, the Independent Corrupt Practices Commission (ICPC) should arraign him for the offence he committed. It is high time a judicial officer was sent to prison to serve as deterrence. The judgments he delivered while he overstayed are not affected by the age falsification saga. The judgments or decisions he delivered are protected by defacto officer doctrine.

    “By this doctrine acts or official functions performed by an illegal occupant of a public office are deemed in the eyes of the law to have been regularly done. The doctrine is meant to ensure stability in the public service. But the doctrine does not immunise the illegal occupant from prosecution for his criminal conduct.”

    Ubani said: ‘‘Judges are not God but they perform some duties exclusively reserved for God. Therefore, they are like God. For such a person with grave responsibilities to be involved in offences like forgery, fraud, corruption and such like, portends danger to the state.

    ‘‘Retirement as a form of punishment for a culpable judge is not enough. He should be prosecuted in order to deter many judges who fall into this category of age forgers. Judges are not and should not be above prosecution for alleged criminal offences that pollute the temple of justice.’’

    Eduzor described the development as an embarrassment to the state, which will be difficult to erase. He recalled that a Customary Court of Appeal judge in the state was also sacked for the same offence, adding ‘‘it showcases both the state’s judiciary and civil service in bad light.’’

    He called for such actions to be extended to other arms of government in order to bring sanity into the civil service.

    He said: ‘‘It was for this reason that NBA, Aba branch insisted that the state government should not only appoint a seasoned and practicing lawyer who would advise her aright as Attorney General and Commissioner for Justice, but also appoint persons to the office of Chief Judge based on merit and seniority.

    ‘‘If the state government had followed the order of seniority in the appointment of a substantive Chief Judge, which would have been Hon Justice (Mrs.) Ijeoma Offornry, Justice Nwanosike would not have found himself in this mess.

    “Nobody should be happy that this is happening to the state at this point in time, but we warned them beforehand that they should appoint a substantive Chief Judge for the state based on merit and seniority, but they did not listen. How would one explain this that a judicial officer of that caliber could find himself in such a messy deal? This goes to show you how rotten the system has gone.”

    To Agbaje, the judge is not illegible to stay in office a day longer, and should be prosecuted because falsification of age is a criminal offence.

    Eze said the punshment was insufficent and non-deterent, just as he insisted that aside being prosecuted, Justice Nwanosike should be banned from using the title.

    He said: “It is evident that Justice Shadrack falsified his age so as to remain in office to exercise more power and make more money to the detriment of the State, litigants, and citizens of Abia State! This is corruption simplicita and it is one of the forms of corruption that section 15 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) has enjoined the Nigerian State to eradicate or abolish.

    “The appropriate authorities should proceed to deny him the use of the word “Justice” against his name; also, he should be charged to court for the offence he has been alleged to have committed. If convicted, he should be sentenced to terms of imprisonment in accordance with the law.”

    “The alleged falsification of age, if proved, will amount to a crime. But it is not the responsibility of the NJC to prosecute. Rather, it is the duty of the ministry of justice to decide the question of prosecution after proper investigation of the surrounding circumstances by the police.

    “Though one admits it will be extremely sad to see any member of the bench stand criminal trial, but if it is part of the price we have to pay for the ongoing effort to sanitize the administration of justice system, so be it.

    “The prosecuting authorities should therefore not shy away from initiating the process, if indeed there are compelling reasons for prosecution, and in the absence of a sincere error of personal judgment by the learned Judge.  But it will amount to a misplaced responsibility to expect the NJC to assume the prosecutor’s role. That public duty and discretion lies with the police and the ministry of justice after proper advice.

    However, Prof. Itse Sagay (SAN); Funke Adekoya (SAN) and Norrison Quakers (SAN) said Justice Nwanosike’s retirement was enough punishment for the offence.

    Sagay said: “It is a good omen for the judiciary. I think the punishment is enough. Let him go and savour the disgrace that he has been thrown in.

    “For a judge to falsify his age is a form of moral turpitude. It means he is not a reliable person, he is dishonest, and his judgment can be influenced. In such a situation, there is nothing more befitting for such individual than a sack. I give kudos to the CJN for her bold step in sanitising the Nigeria judiciary, and I am optimistic that soon, issues of corruption in the judiciary will be a thing of the past.

    ‘‘I think his compulsory retirement or probably the forfeiture of his pension in addition, will be enough. If proper sanctions are constantly meted on erring members of the judiciary, it will, in turn, send warning signals to other officers who are guilty of such corrupt practices.’’

    Adekoya said he should not be prosecuted as his compulsory retirement was fit for purpose and enough embarrassment for him and the judiciary as a whole.

    ‘‘In my view, even the money should not be recovered because he worked for it. He worked those extra periods he spent in office,’’ she said.

    To Quakers, what is happening in the judiciary is a function of leadership and the present CJN must be commended for the efforts at sanitizing not just the judiciary but the legal profession as a whole.

    ‘‘The recommendation of compulsory retirement as punishment for falsification of age handed down by the NJC against Justice Nwanosike, in my view must have taken into consideration a number of factors before arriving at this decision and I am in no position to fault both the findings and the consequent recommendation, save to say that there were no allegations of corruption or corrupt enrichment.

    ‘‘But the question that will agitate one’s mind is why did his Lordship falsify his age? Was it done for the perks of office or for the love of the bench? Whatever the reason is; falsification of document by a judicial officer is weighty and raises issues of integrity.

    ‘‘It is not the function of the NJC to initiate and commence criminal prosecution, the work of the NJC has been effected, it is for the Attorney General and Commissioner Justice of Abia State to make recommendations to the Governor of the State on the findings of the NJC with a view of initiating and commencing criminal prosecution, or the Economic and Financial Crimes Commission, EFCC, on the prompting by way of a petition to investigate with a view to prosecuting the erring judge either for corrupt enrichment or abuse of office.

    ‘‘It is only in the doing of this that same can serve as a deterrent against judicial officers, but I do not think as a country and a people, we possess the will to prosecute erring judicial officers. If we take the route of subsequently criminalizing the act or conduct of the judge, it will have a backlash and far reaching consequences including decisions or judgments delivered, after the age, when his lordship ought to have retired, but stayed back.

    ‘‘In my view the recommendation of the NJC should not be altered or tinkered with, against the backdrop that this is not a clear case of corruption or corrupt enrichment or abuse of office.

     

  • Age falsification: NBA, others differ on Abia CJ

    Some prominent lawyers on Tuesday differed on the prosecution of Acting Chief Judge of Abia State , Justice Shadrack Nwanosike , who was found guilty of falsifying his age.

    The News Agency of Nigeria (NAN) reports that the National Judicial Council (NJC) had at its 63rd Meeting, held on July 17 and 18 recommended Nwanosike for compulsory retirement.

    The lawyers, in interviews with NAN in Lagos, unanimously commended the Chief Justice of Nigeria, Justice Aloma Mukhtar, for her efforts in sanitising the nation’s judiciary.

    Mr. Onyekachi Ubani, Chairman, Nigerian Bar Association (NBA), Ikeja branch, said the issue of a judge falsifying his age was disgraceful.

    “What the NJC is doing now is praise worthy. It shows that there is hope in this country.

    “The beauty about it is that somebody is being punished for it, which was not the case in the past.

    “However, it is not sufficient to just dismiss him, he should be prosecuted,” Ubani said.

    A lawyer and activist, Mr. Fred Agbaje , said Nwanosike’s involvement in forgery was an embarrassment to the judiciary.

    Agbaje said: “ He is the head of judges in that state and if he could be found to have falsified his age, he is not eligible to remain there a day longer.

    “Apart from asking him to just retire, the NJC should go further to prosecute him because falsification of age is a criminal offence.”

    Another lawyer, Mr Wale Ogunade, also called for the prosecution of the judge.

    “It is only in Nigeria that we attach sentiment to things. There is no one who is above the law,” he said.