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  • Amaechi tackles Wike on CJN Onnoghen

    The Minister for Transportation, Rotimi Amaechi, has condemned the spurious allegations levelled against him by Rivers State Governor, Nyesom Wike, especially on the alleged plot to destroy the embattled Chief Justice of Nigeria, Justice Walter Onnoghen.

    Amaechi’s successor, Wike, who was his Chief of Staff between 2007 and 2011, when the then Rivers governor recommended him (Wike) to the then President Goodluck Jonathan for ministerial appointment, at a campaign rally in Rivers state on Thursday, accused the transportation minister of working against his Southsouth brother (Onnoghen).

    The Director-General of Buhari/OsInbajo Reelection Campaign Organisation, on Friday in an online statement through his media office, stated that he read with dismay and utter disgust, Wike’s senseless allegations.

    Amaechi’s media office said: “This is another blatant lie (plot to destroy Onnoghen), just to smear Amaechi and put him on collision course with the judiciary. Ordinarily, we would not have bothered to respond to a governor (Wike), whose stock-in-trade is to concoct stories and lie about almost everything and anything. Wike completely lacks any shred of credibility. Nothing is sacred to him

    “Amaechi is not a judicial officer and he is not part of whatever is happening in the judiciary. We challenge Wike to mention the name of the APC’s chieftain he falsely alleged that Amaechi discussed the ‘destruction of the CJN with.’

    “This Wike’s latest attack on Amaechi is reminiscent of his earlier spurious allegations during the Ikoyi-Osborne-gate scandal, where Wike disgracefully opened his mouth to shamelessly allege that the former Rivers governor (Amaechi) was the owner of the $13 billion and the owner of the Osborne apartment in Ikoyi, Lagos, where the money was kept. Wike lied that the money was stolen from Rivers State government’s treasury.

    “In Wike’s usual chicanery, up till today, he has refused to go to court to claim the $13 billion found in the Ikoyi apartment, which he claimed was Rivers money stolen by his predecessor. Even when a court of law openly asked anyone laying claim to the money to come forward and collect it, Wike ran far away from the court.”

    The transportation minister also reminded Rivers governor that the immunity he currently enjoys against prosecution for his many libellous attacks on him would not last forever.

    Amaechi’s media office also said: “At the appropriate time, he (Wike) will no doubt face the full wrath of the law and ultimately that of the Almighty God.

    Read Also: Charges against CJN not tenable – Lawyer

    “Wike should by now know that Nigerians are tired and are no longer interested in his ranting and cock-and-bull stories against Amaechi. Indeed, it is pathetic and a big shame that Wike does not know that Nigerians already know him as an incurable, incorrigible compulsive liar and do not take him and/or his comments seriously any longer.

    “Wike’s outburst against Amaechi is diversionary. Rivers governor knows too well that he has nothing to show Rivers people for his almost four years in office, in a state obviously with one of the highest allocations, thereby resorting to casting aspersions on Amaechi, instead of telling the people what he has done for Rivers State.”

    Transportation minister also called on Rivers people and other lovers of democracy to ignore Wike, whom he described as a frivolous and deceitful character, who is obviously drunk on power and always high on alcohol.

  • Breaking: We did not raid Onnoghen’s residence – EFCC

    The Economic and Financial Crimes Commission ( EFCC ) has described as “untrue and evil”, reports in some quarters that its personnel had invaded the Abuja residence of Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Spokesman of the commission Tony Orilade tod the News Agency of Nigeria in Abuja on Tuesday that the fake news “ is being spread by evil men and women to get evil results.”

    NAN reports that this may be connected to the halting of Onnoghen’s trial by the Federal High Court Abuja on Monday.

    Read Also: We’ll not tolerate vote-buying, says EFCC

    The court had asked the Federal Government to put on hold plans to arraign Onnoghen before the Code of Conduct Tribunal (CCT).

    The Federal Government had, through the Code of Conduct Bureau (CCB), filed six counts of non-declaration of assets charges against Onnoghen.

    However, ruling on two separate ex parte applications, Justice N.E Maha, ordered parties to maintain status quo until Jan. 17.

  • Onnoghen: Cross River NBA down tools

    The Nigerian Bar Association (NBA) in Cross River State on Monday withdrew all services in protest against what they described as the unconstitutional attempt by the executive arm of the Federal Government to intimidate, coerce, and desecrate the judiciary through the proposed arraignment of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Reading a communiqué issued and signed by the three Branches that make up the NBA in the state, at the end of a joint Emergency General Meeting held at the State Judiciary Headquarters, High Court Complex in Calabar, the Chairman of the Calabar Branch, Dr. Emmanuel Idaka, said they will resist any attempt by the Federal government to arraign the CJN.

    According to the six point Communiqué, the Cross River State branch of NBA was wholly in support of and adopted the position of Association on the issue as contained in the statement issued and signed by the President, Paul Usoro.

    “We condemn in its entirety the unlawful manner in which the Federal Government and its agencies have assaulted, ridiculed and degraded the revered office of the Chief Justice Nigeria and indeed the entire Judiciary in the country by orchestrated media trial of the CJN.

    “Whilst not condoning corruption in all its ramifications, we insist that, the rule of law must be followed by the Federal Government of Nigeria in its avowed fight against corruption, especially as it has to do with the proposed arraignment of the CJN or any other Judicial officer in the Federal Republic of Nigeria as laid down in its locus classsicus of Nganjiwa vs FRN(2017)LPELR-43391(CA), where the Court of Appeal made it absolutely clear that any misconduct attached to the office and function of a judicial officer must first be reported to and handled by the National Judicial Council (NJC) pursuant to the relevant provisions of the law.

    “We are aware that all these attempts are intended to precipitate the unlawful removal from office of the CJN which position they originally did not want him to occupy. It is pertinent to draw the attention of the initiators of this bizarre transaction to the fact that, the removal of the CJN is regulated by the mandatory provisions of section 292(1) (a) of the constitution of the Federal Republic of Nigeria, 1999(As amended) which can only be effected by the President of the FRN acting on an address supported by two thirds majority of the Senate.

    “Democracy strives under the rule of law . The present administration of President Muhammadu Buhari, having come under a constitutional democracy and not being a military dictatorship, must in all its dealings with the citizens of Nigeria and other Arms of the Government, abide by the Rule of Law,” they stated.

  • Photos: CJN’s legal team arrives CCT

    The trial of the Chief Justice of Nigeria (CJN) Walter Onnoghen for alleged corruption at the Code of Conduct Tribunal ( CCT ) is set to commence as the CJN’s legal team has arrived the tribunal’s premises.

    Onnoghen is standing trial on six-count charges bordering on alleged false assets and non-assets declaration filed against him by the Code of Conduct Bureau (CCB).

    Prosecution counsels Aliyu Umar SAN(left) Musa Ibrahim Usman and Fatima Danjuma Ali at the trial of CJN photo Abayomi Fayese
    Prosecution counsels Aliyu Umar SAN(left) Musa Ibrahim Usman and Fatima Danjuma Ali at the trial of CJN photo Abayomi Fayese
    Defence counsel to CJN Wole Olanipekun SAN(eft) Adegboyega AwomoloSAN Chris Uche SAN and other lawyers at the resumption of CJN trial at Code of Conduct Tribunal Abuja Photo Abayomi Fayese

  • Reactions trail CJN Onnoghen’s planned arraignment

    ALL was set last night for today’s arraignment of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT) over alleged infractions of the CJN’s assets declaration.

    Justice Onnoghen is being arraigned by the Code of Conduct Bureau (CCB) following a January 7 petition alleging non-declaration and false declaration of his assets between 2005 and 2016.

    The petition lodged by Anti-Corruption and Research Based Data Initiative (ARDI) drew the CCB attention to what it called serious concerns bordering on flagrant violation s of the law and constitution of Nigeria by the CJN.

    He was said to have been confronted with the purported evidence of false assets declaration and huge lodgments of local and foreign currencies by him into accounts which he allegedly failed to declare in the forms he filled and submitted to the CCB.

    But Justice Onnoghen said he did no wrong to warrant his arraignment, as according to him, he satisfied the requirements of publicly declaring his assets as a senior government functionary in the judiciary.

    He explained what led to the submission of two assets declaration forms on the same day in 2016 after becoming the CJN. Justice Onnoghen said he forgot to update the assets he declared in the 2005 at its expiration in 2009.

    According to the CCB regulations, assets declaration is renewable after every four years by public officers. This is to accommodate updates and amendments.

    But the planned arraignment has been drawing reactions from individuals and groups, with many urging the Federal Government to apply caution in its handling of the matter.

    Those who reacted include: legal luminary and founder of the Afe Babalola University, Ado-Ekiti (ABUAD) Aare Afe Babalola, Senate President Bukola Saraki and Peoples Trust Presidential (PT) presidential candidate Gbenga Hashim-Olawepo.

    The groups are: the Nigerian Bar Association (NBA) and the ruling All Progressives Party (APC).

    Reacting, Aare Babalola said he was taken aback by the alleged gaps in the CJN’s assets declaration just as he was shocked by last year’s raid on the homes of some judges by the Department of State Services (SSS).

    He, however, cautioned: “Again, I say, two wrongs do not make a right.”

    The legal icon warned against impunity.

    He said: “Thus the point can even be made, that unlike other judicial officers who can be removed by the President acting upon the recommendation of the National Judicial Council, the CJN can only be removed by the President upon receipt of an address supported by two-thirds majority of the Senate!

    “Given that the above provisions are clear, it becomes more worrying to learn that aside from laying the proposed charges, the prosecution has also filed an application seeing an order directing the CJN to recuse himself from office pending the conclusion of the trial.

    “On the whole, the entire episode is one that unfairly denigrates not only the Judiciary, but also the Constitution of the land. By proceeding as proposed, the government is unwittingly or perhaps deliberately a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

    “For the sake of our democracy this is a misconception that must not be allowed to fester. No country, no matter how well-intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

    “While the judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence.”

    He said it was procedurally wrong for the CBB to arraign the CJN without first referring the matter to the National Judicial Council (NJC) as required by law.

    Aare Babalola said: “As the allegations made against the judges are said to arise from or pertain to their office as judges, I am of the view that the Constitution requires that any infraction by the said Judges be firstly investigated and resolved by the National Judicial Council (NJC) to the exclusion of any other body or authority.

    “Happily the views expressed by me were eventually upheld by the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA). That decision still subsists and has not been set aside.

    “I therefore see no justification for the decision to arraign the CJN before the Code of Conduct Tribunal. Again the point must be made clear that the Constitution clearly provides for the procedure with which the Chief Justice of Nigeria can be removed from office.”

    But the Chairman of the Presidential Advisory Committee on Corruption (PACAC) Prof Itse Sagay, differed.

    He said the Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) being cited cannot apply to the CJN case. He said it was wrong for judges to seek judicial immunity for alleged misdeeds.

    Dr. Saraki cautioned the government so that the plan to put CJN on trial does not cause chaos in the judicial system.

    He urged the Federal Government to ensure that due process is not compromised in the planned trial of Justice Onnoghen.

    Olawepo Hashim Olawepo-Hashim described the development as a serious threat to constitutional democracy and rule of law.

    He warned: “The principle of separation of powers on which democratic order stands should not be destroyed due to power play or because of any other reason.”

    NBA President Paul Usoro, SAN, described the development as an assault, intimidation and desecration of the judiciary that must stop.

    Usoro said: “Any infraction in that regard by a judicial officer, as the Court of Appeal rightly held, constitutes a misconduct by the judicial officer and becomes the subject matter for discipline by the NJC as a condition precedent to any possible prosecution of the judicial officer by any of the FGN’s prosecuting agencies.

    “Why has FGN decided to embark on this anomalous course of charging the CJN before the CCT without first presenting whatever facts it purportedly has against His Lordship to the NJC for its deliberation and determination?

    “The Petition that triggered the CCB action was on its face received by the Bureau on 09 January 2019 and the Charge was promptly drafted and is dated the following day, 10 January 2019 – giving the CCB a record 24 hours for completion of its investigation and the drafting of the said Charge and ancillary processes!”

    The APC berated the opposition Peoples Democartic Party (PDP) for its position on the allegations againt the CJN in a statement titled: PDP sympathetic to corruption.”

    Its spokesman Mallam Lanre Issa-Onilu  said in a statement: “The swift statement by the Peoples Democratic Party (PDP) condemning the purported move has again exposed the Party as one with a natural inclination to rise up in defence of cases of alleged corruption.

    “Resort to baseless postulations anytime issues of corruption are levelled against public officers only confirm what Nigerians already know. PDP and corruption are siamese twins that are difficult to separate from each other.”

  • Nganjiwa case not applicable to Onnoghen, says Sagay

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) on Sunday disagreed with those who argue the asset non-declaration charge against Chief Justice Walter Onnoghen should have been first dealt with by the National Judicial Council (NJC).

    The Court of Appeal had held in the Justice Hyeladzira Nganjiwa case that it would amount to the usurpation of NJC’s powers if any judicial officer commits a professional misconduct within the scope of his duty and is investigated, arrested and subsequently prosecuted without a formal complaint/ report to the NJC.

    Several senior lawyers have argued that Court of Appeal judgment should have been complied with before a charge was filed against the CJN at the Code of Conduct Tribunal (CCT).

    But Sagay, in an interview with our correspondent, slammed the Court of Appeal for the judgment, describing it as unconstitutional and a bid by the justices to get immunity through the back door.

    His words: “I want to make a few points. The first is that the Nganjiwa case, as far as I’m concerned, is unconstitutional. That judgment was unconstitutional. It’s an illegal judgment.

    READ ALSO: Onnoghen: Executive attempting to intimidate Judiciary – NBA

    “It is an illicit attempt by some Justices of the Court of Appeal to give themselves immunity contrary to the provisions of the Constitution.

    “The Constitution has named those entitled to immunity – the President, Vice President, Governors and Deputy Governors.

    “What these Justices tried to do is to take over the job of the National Assembly, amend the Constitution and then hide themselves inside as those who are immune from prosecution. To me, it’s illegal and unconstitutional.

    “Number two, I’ve read the Nganjiwa judgment. It’s a judgment limited to a judge who was acting as a judicial officer, who was hearing a case and in the process was found guilty of misconduct in the hearing of that case.

    “This matter that has just occurred has nothing to do with a case in court. It has something common to all public officers before you take an office. So, there’s a major distinction. The Nganjiwa case does not cover this situation.

    “Thirdly, we’re talking of the Chief Justice of Nigeria, head of a branch of government; in fact I’ll say head of the most important branch of the government, because they’re the arbiters of anything that goes wrong in the other two arms.

    “It is said that Julius Ceasar’s wife must be above board. If I’m the Chief Justice, even a judge, and you bring such a charge against me, I will not contest jurisdiction. If I contest jurisdiction and win, you’re still going to say: ‘But you did it’.

    “Rather, I’ll waive the issue of jurisdiction, because my status is so high that I must have a clean image before the world, so that the institution I represent may not be tainted.

    “Those hiding behind jurisdiction are trying to cover up iniquities of some sort. I’m speaking generally now.

    “Those who are bringing that issue up are creating a problem for this country, because the sore will still be there. It’s as if they’re saying no doctor should treat it.

    “Those cases that went on for 12 years were because of the issue of jurisdiction – all the looters’ cases. It’s jurisdiction that was argued from High Court to Supreme Court and back. The issue of bleeding this country to death through corruption was never touched.

    “I think at the level of the officer we’re talking about now, we shouldn’t be talking of jurisdiction. We should be talking of the substance. Did he or did he not do it? That’s all.”

     

     

  • Onnoghen: South-south govs hold emergency meeting

    The South-south Governor’s Forum has scheduled an emergency meeting for today to review the planned arraignment of the Chief Justice of the Federation, Justice Walter Onnoghen, tomorrow.

    Also slated for discussion at the meeting, according to the Special Adviser on Media Relations to the Governor òfBayelsa State, Mr. Fidelis Soriwei, are security in the Niger Delta during and after the coming elections and the issue of derivation.

    Bayelsa Governor, Seriake Dickson, said that while he was yet to have details of the impeding trial of Justice Onnoghen, it is a grave and dangerous development coming a few weeks to the general elections.

    He said that the South-south governor’s would address a press conference after the meeting to convey the position of the zone to the Nigerian public.

    Governor Dickson said that all efforts must be on the deck to prevent the subversion and desecration of democracy in Nigeria.

    The CJN hails from Cross River,one of the six states that make up  the South-south.

     

  • CCB serves Onnoghen copy of charges against him

    •Senior lawyer queries govt’s motive

    The Code of Conduct Tribunal (CCT)  yesterday confirmed that it had served a copy of the charges against  the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, on him as required by law.

    Spokesman for the tribunal ,Ibraheem Al-Hassan, said a three man panel headed by Justice Danladi Y. Umar will try Onnoghen.

    He said: “The Code of Conduct Tribunal has scheduled Monday, 14th of January for the commencement of trial in the charge the  against current Chief Justice of Nigeria, Hon JustceOnnoghenNkanu Walter Samuel for alleged non declaration of asset.

    “This was consequent upon an application filed by the Code of Conduct Bureau to the CCT Chairman yesterday (January 11) for the trial to commence against the Chief Justice of Nigeria on six count charges. However, service of summons has been effected on the dependant.

    “The application was filed yesterday by the operatives of CCB, dated 11th January, 2019 and signed by Musa Ibrahim Usman (Esq) and Fatima DanjumaAli  (Esq), containing six counts charges, all bordering on non-declaration of asset.

    “The three-man panel, led by Justice Danladi Y. Umar, will commence the trial on  Monday, 14th January, 2019 at the CCT  courtroom, situated at the headquarters, along JabiDakibiyu, Saloman Lar way, Abuja, at about 10:00am.”

    Efforts to get the reaction of the CJN to the development were  unsuccessful at press time.

    The Senior Special Assistant (SSA) Media to the CJN, AwassamBassey did not respond to questions asked either..

    The Minister of Justice And Attorney General of the Federation (AGfF), AbubakarMalami (SAN) could also not be reached  to comment on the development failed.

    Calls to his cell phone were not answered.

    His media aide, Othman Salihu also did not answer calls to his phone.

    Judiciary sources yesterday raised questions over the proprietary of the trial in view of a  decision of the Court of Appeal  that no service judicial officer could be subjected to trial in a regular court without  the recommendation of the National Judicial Council (NJC).

    The same CCT, on May 15, struck a similar charge filed by the CCB against Justice Sylvester Ngwuta (also of the Supreme Court) on the strength of the December 11, 2017 judgment of the Court of Appeal, Lagos in the appeal by Justice HyeladziraNganjiwa.

    The CCT, had while striking out the charge against Justice Ngwuta, marked CCT/ABJ/01/17, said by virtue of Section 158 of the 1999 Constitution, a serving judge could not be prosecuted in any court or tribunal until the NJC deals with the allegations against him/her and takes a decision of either dismissing such a judicial officer or compulsorily retiring him or her.

    A Senior Advocate of Nigeria (SAN), Sebastine Hon has queried the motive of those behind the charge and the decision to try the CJN.

    Hon, while reacting to the development, said :”While I know that the Chief Justice of Nigeria does not enjoy immunity from criminal prosecution, I see this move by the Federal Government as dangerously political and tendentious.

    “Suddenly, we woke to see a petition leaked to the informal or social media, allegedly received by the Code of Conduct on 9th January, 2019.

    “Suddenly, we are told charges have been filed against the CJN. Suddenly the Presidency is reportedly asking him to step aside!

    “Was he interrogated or interviewed and his own reactions obtained? Why this supersonic rush?

    “These steps are more political than honest. There is an attempt to destroy the Judiciary or gag it; and in the latter situation, to hector it into submission. I personally say no to this!

    “All Nigerians, of good will, must say no to this unprovoked assault on the Judiciary.  After unsuccessful attempts to reign in the National Assembly, the same unholy attention is beamed on the Judiciary.

    “If this arm of government is destroyed, due process, constitutionalism and the rule of law will pave way to whimsical, narrow and brute force, at the instance of one man or a select few! I personally say no to this.

    “Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filing of those charges till an opportune time – since there is no limitation of time in criminal proceedings. Why now?

     

  • Onnoghen: APC defends action as NBA, Saraki, Wike, others kick

    Senate President Bukola Saraki, Nigerian Bar Association (NBA), Rivers State Governor Nyesom Wike, Ohanaeze Ndigbo and others yesterday faulted the Federal Government’s plan to arraign Chief Justice of Nigeria (CJN) Walter Onnoghen before the Code of Conduct Tribunal (CCT) today. The All Progressives Congress (APC), however, supported the move. It accused the opposition Peoples Democratic Party (PDP) of being sympathetic to corruption. Onyedi Ojiabor and Chris Oji report.

    NBA: This is desecration of the judiciary

    NBA President Paul Usoro, in a statement, faulted the action against the CJN.

    His statement reads: “Nigerians have witnessed again the targeted assault of the judiciary by agents of the Federal Government of Nigeria (“FGN”) epitomised by today’s media trial of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”). According to media reports which have now been validated by the Statement of the Code of Conduct Tribunal (“CCT”) that was released today an application was “filed by the Code of Conduct Bureau to the CCT Chairman yesterday for the trial to commence against the Chief Justice of Nigeria on six count charges” and that the CCT “will commence the trial on Monday, 14th January 2019”.  The Nigerian Bar Association unequivocally condemns this assault, intimidation and desecration of the Judiciary by FGN agencies and demands that it be stopped immediately.

    “In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the National Judicial Council (“NJC”) pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him.  As the Court pointed out, these requirements of the law are anchored on the overriding principles of separation of powers between the executive, the judiciary and the legislature and on the need to preserve, promote and protect the independence of the judiciary. Our respective liberties and the rule of law are best protected and preserved if the judiciary remains independent and shielded from intimidation and assault by the other arms of the government.

    “In Nganjiwa v FRN (supra), the Court of Appeal made reference to Rule 3 of the Revised Code of Conduct for Judicial Officers of February 2016 (“Code of Conduct for Judicial Officers”)and held that the said Rule 3 “makes provision in relation to fidelity to the Constitution and the Law”.  The provisions in regard to assets declaration as they apply to all public officers including the CJN are contained in both the Constitution and the Code of Conduct Bureau and Tribunal Act 1991, the enabling law that establishes both the Code of Conduct Bureau (“CCB”) and the CCT.  The fidelity which judicial officers therefore owe “to the Constitution and the Law” pursuant to Rule 3 of the Code of Conduct for Judicial Officers encompasses compliance with the provisions relating to assets declarations as contained in the Constitution and the Code of Conduct Bureau and Tribunal Act. Any infraction in that regard by a judicial officer, as the Court of Appeal rightly held, constitutes a misconduct by the judicial officer and becomes the subject matter for discipline by the NJC as a condition precedent to any possible prosecution of the judicial officer by any of the FGN’s prosecuting agencies.

    “Why has FGN decided to embark on this anomalous course of charging the CJN before the CCT without first presenting whatever facts it purportedly has against His Lordship to the NJC for its deliberation and determination?  The Petition that triggered the CCB action was on its face received by the Bureau on 09 January 2019 and the Charge was promptly drafted and is dated the following day, 10 January 2019 – giving the CCB a record 24 hours for completion of its investigation and the drafting of the said Charge and ancillary processes!  If one contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of Charge and ancillary processes and the arraignment! Such unprecedented speed and efficiency in Nigeria’s criminal justice administration! It is clear, given the rush with which this matter was conducted by the CCB, that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT.

    CJ Walter Onnoghen
    CJ Walter Onnoghen

    “We still wonder why the FGN choose to deviate from the laid down and explicit provisions of the law as expounded in Nganjiwa v FRN (supra).  Could it be that it was misadvised?  Or is this a naked show of power and force by agencies of the FGN?  And why embark on the media trial of the CJN?  This, unfortunately, is a predilection of the FGN’s prosecuting agencies with the possible exception of the Federal Ministry of Justice.  As the NBA pointed out in its International Anti-Corruption Day Statement that was issued on 09 December 2018 “media trial of persons charged with corrupt practices . . . amount to corruption itself.  Indeed, those orchestrated media trials degrade and corrupt the justice administration system quite apart from the incalculable (but obviously intended) damage that it does to persons who may ultimately be discharged and acquitted.  In point of fact, it is corrupt practice to use as license or hide under the cover of the fight against corruption to recklessly destroy the names, characters and reputations of persons who have not been found guilty of corrupt practices by competent courts and who may ultimately be pronounced innocent of such charges.”  These media trials must, alongside the on-going desecration and assault of the judiciary, cease forthwith.

    “There are two final issues that we must touch upon in this Statement, albeit, briefly.  First, could it possibly be a coincidence that the current assault on the judiciary is taking place only weeks to the 2019 National Election?  Apart from the conduct itself being wrongful and deplorable, its timing is condemnable.  FGN will find it difficult to convince any reasonable person that its assault against the CJN and by extension the judiciary is not aimed at emasculating that arm of the government and intimidating our Judges ahead of the 2019 National Elections.  In our afore-referenced International Anti-Corruption Day Statement, the NBA had deplored “conducts that qualify as . . . political non-accountability, absence of transparency and impunity in public service.”  The FGN’s conduct in this instance qualifies, amongst others, as “impunity in public service.”

     

    Wike: Nigerians will resist attempt to truncate democracy

     

    Rivers State Governor Nyesom Ezenwo Wike stated that Nigerians would resist any attempt by the APC Federal Government to deliberately truncate the nation’s democracy.

    Speaking during the inter-denominational service to mark this year’s Armed Forces Remembrance Day at the Holy Trinity Anglican Cathedral, Rumuapara Deanery, Port Harcourt yesterday,  Wike said that the illegal actions of the Buhari administration are pointers to the fact that he may not willingly hand over after he suffers defeat in February.

    Wike described the charges against the CJN as concocted.

    He said: “Since 1960 when Nigeria gained independence, for the first time in 2011, a Niger Delta person became the  President.  The entire country ganged up against him . They gave excuses and  denied us a second term.  We did not fight. We did not shed blood. He said his ambition was not worth the blood of any Nigerian and they called him a weak man.

    “Since 1960, no Niger Delta person has been the Chief Justice of Nigeria. When it came to his own time to be appointed the Chief Justice of Nigeria politics came in. They were not willing to appoint him. It was God that created the circumstances.  The President was sick and was flown out. That was how Onoghen became the Chief Justice of Nigeria.

    “Now, because  they believe that the Niger Delta is not part of this country, they have come again with all kinds of stories.  They think they are talking  to small children.  Fabricated stories and said he did not declare his assets in 2011. Step aside for who take over.  We must know whether or not we belong to this country. Enough is enough. I have never seen people who are so desperate to cling to power.”

     

    Ohanaeze kicks

     

    Apex Igbo socio-cultural organization, Ohanaeze Ndigbo, kicked against the move against Justice  Onnoghen.

    A statement issued by the organization through the Media Assistant to the President General, Chief Emeka Attamah reads:”Ohaneze has received, with shock and disappointment, the decision of the Federal government of Nigeria, acting through the Code of Conduct Bureau to prosecute the Chief Justice Of Nigeria.

    “Legal opinion abound that the action is premature and ill conceived following an extant Court Of Appeal decision which interprets the procedure for prosecuting judicial officers. This procedure has not been followed. The fact that the National Judicial Council has been ignored is not just illegal but suggests deliberate court shopping and a predetermined objective.

    “Secondly, the fact that one of the issues being canvassed by the CCB before the CCT is for an order of the CCT for the Chief Justice of Nigeria to step aside from his exalted office pending the conclusion of the trial contrary to the procedure for his removal from office as provided by the Nigerian constitution exposes the aim of the prosecution.

    “A perusal of some of the depositions in the charge sheet also shows a completely distorted conception of the regulations pertaining to the declaration of assets. Assets acquired after assumption of office are declared at the end of a public official’s tenure in order to present a comparison with assets declared on assumption of office.”

     

    Hashim cautions Executive

     

    The presidential candidate of the People’s Trust, Mr. Gbenga Olawepo-Hashim, cautioned the executive arm of government to thread softly in the planned arraignment of the Chief Justice of Nigeria (CJN), Walter Onnoghen, before the Code of Conduct Tribunal (CCT) on allegations of false asset declaration.

    Olawepo-Hashim, in a statement by his Chief Press Secretary, Hassan Ibrahim in Abuja yesterday, said the development constituted a serious threat to constitutional democracy and rule of law.

    He warned that the principle of separation of powers on which democractic order stands should not be destroyed due to power play or because of any other reason.

    He said as one who was a leading partisan in the struggle for the restoration of democracy in Nigeria,  “I owe inviolable the sacred principle of separation of power of  which the independence of the judiciary is a fundamental element.”

    He said “Nigeria’s judiciary is surely not perfect just like many other institutions of state that need urgent reform. But this must not be a licence for executive’s perfidious interference.

    “There are mechanisms for correcting errors done by judicial officers in the Nigerian constitution. What we are seeing now is not the activation of such mechanism but what appears like a political persecution of the judiciary which is dangerous for democracy, national unity and cohesion.

    “Though with her own shortcomings which can be internally cured within the judiciary’s self correcting mechanism, our judiciary remains highly revered with an enviable jurisprudence and history.

    “It has provided help to other countries by posting judges to many African countries such as Botswana, Gambia, Sierra Leone, Zimbabwe and even at the international level.”

    “That enviable record must not be recklessly blighted by the on-going attempt to humiliate judicial officers,” he said.

    The PT’s candidate said this occasion was an opportunity for the the People’s Trust to elucidate on its policy perspective on the Judiciary, stressing that in his party’s manifesto,” there are far-reaching justice sector reform initiatives in our manifesto to reposition the judiciary as a self-correcting institution through the National Judicial Council, to reverse the humiliation and molestation of the judicial sector and stop the erosion of judicial authority and mandates due to executive interference and harassment.

    “Under our Presidency, I will implement and pursue fundamental reforms of the justice administration sector to guarantee the independence of the judiciary from executive interference while strengthening the system to justly and efficiently discharge her constitutional mandate.”

    “We intend to make the judiciary truly the last hope of the common person by stopping police brutality and removing hindrance in the justice administration system”, the presidential hopeful said.

     

    Saraki to Fed Govt: due process should be followed

     

    Senate President Bukola Saraki yesterday urged the Federal Government to ensure that its plan to put on trial the Chief Justice of Nigeria (CJN), Walter Onnoghen does not cause chaos in the judicial system.

    Saraki also advised the Federal Government to ensure that due process is not compromised in the planned trial of the CJN.

    The Senate President, in a statement by his  Special Adviser (Media and Publicity) Yusuph Olaniyonu, noted that he believes that if the government truly has genuine reason to put the incumbent Chief Justice of Nigeria on trial, it should ensure that every step in the process is transparent and the normal process as provided by the law is followed to the letter.

    He said: “A situation where the petition which triggered the trial was submitted to the Code of Conduct Bureau (CCB) on Wednesday January 8 and by January 10 on Friday, the Chief Justice was presented with it for his reply only for the charges to be drafted that same day and filed in the Code of Conduct Tribunal (CCT), all this taking place within three days and commencement of trial fixed for Monday, January 14, already indicate unnecessary haste and short-circuiting of the process of fair hearing.

    “It is important for the government and members of the public to know that as somebody who has travelled this route before, we should refrain from any media trial and political players should avoid abusing the judicial process in order to achieve what they could not get through normal political contests. Everybody who is being tried should be presumed innocent until proven guilty. That is the underlining principle of our justice system.

    “The proposed trial of the CJN has once again opened up the debate on the transparency and neutrality of the fight against corruption. The haste with which this trial is being pursued leaves a lot to be desired.

    “From last Wednesday when the so-called petition against the CJN was initiated to the period the trial is scheduled to commence has been barely three working days whereas there are pending cases where the individuals involved have been indicted some months ago but no prosecution is being considered.”

    “While noting that the anti-corruption fight has become a case of a separate rule for the people close to the executive branch and another set of rules for the rest of Nigerians, the Senate President stated that the fight has been compromised and politicized.

    “All these subjective actions politicise the anti-graft fight. They weaken national institutions. They send wrong signals. The CJN is not above the law but his trial puts the entire judicial system on trial. It sends a signal to the entire world about our judiciary. It has implications for the confidence of local and foreign investors about the system of adjudication over disputes in our country. Thus, the matter should be handled with care, demonstrating intense transparency and strict adherence to due process.

    “This trial, coming just about a month to the commencement of the presidential elections, the aftermath of which the CJN and the judiciary he is leading are set to play crucial adjudicatory role, has already raised suspicion about the real motive. There are already suggestions that this plan is set to disorganise the judicial arm after constant attempts by agents of State to undermine the federal legislature.

    “Therefore, the entire country and the international community will be watching closely every step in this trial because it is definitely unusual, unprecedented and will set a record in the engagement among the three arms of government recognised in our presidential system.

    “This trial definitely has implications for the principle of separation of powers and concept of checks and balances embedded in our presidential system of government,” Saraki said.

     

    PDP sympathetic to corruption, says APC

     

    The All Progressives Congress (APC) yesterday accused the Peoples Democratic Party (PDP) of being sympathetic to corruption.

    The statement by its spokesman Mallam Lanre Issa-Onilu reads: “Following reports of the move to prosecute Justice Walter Onnoghen, Chief Justice of the Federation, over an alleged infraction on the Code of Conduct laws, the swift statement by the Peoples Democratic Party (PDP) condemning the purported move has again exposed the Party as one with a natural inclination to rise up in defence of cases of alleged corruption.

    “Resort to baseless postulations anytime issues of corruption is leveled against public officers only confirm what Nigerians already know. PDP and corruption are siamese twins that are difficult to separate from each other. One would have thought that the PDP will call for impartial investigations when corruption cases are levelled against public officers, but spinning falsehoods and conspiracies remains the opposition party’s favourite past time.

    “The fight against corruption remains a cardinal promise made by the APC to the electorate. We assure the PDP and indeed all Nigerians that the President Muhammadu Buhari-led APC administration remains uncompromising in its determination to rid the country of this malady.

    “As noted on many occasions by President Buhari, it is only those who have committed crimes that need to worry. The APC administration will not hesitate to investigate and prosecute any public officer if and when such is indicted for corruption.

    “Achieving acceptable elections in all democratic climes is a collective effort which require the contributions and support of all well-meaning Nigerians, political parties, institutions and sundry interests.

    “Commendably, in successive elections conducted under the APC administration, the Party has played by the rules, which has led to credible elections. This cannot be said of the PDP era when state institutions were deployed to manipulate the electoral process.

    “The PDP’s baseless conspiracy theory on APC’s participation in the 2019 general elections should hereby be disregarded. We remain solidly committed to ensure that the forthcoming election go on record as one of the freest, most credible and peaceful elections in the country.

  • Onnoghen: corruption thrives in culture of impunity

    Address by Chief Justice Walter Onnoghen at the special session of the Supreme Court to mark the start of the 2018/2019 legal year and swearing-in of new Senior Advocates of Nigeria.

    It is a great privilege and opportunity to mark the commencement of the 2018/2019 Legal Year. Therefore, on behalf of the Supreme Court of Nigeria, I extend a warm welcome to everyone present at this auspicious occasion. As we all know, this unique occasion is celebrated alongside the swearing-in of deserving members of the Nigerian Bar conferred with the prestigious rank of Senior Advocate of Nigeria (SAN).

    Certainly, the 2017/2018 Legal Year had been an eventful one. An occasion like this gives us the opportunity to reflect and examine the activities of the last one year with the aim of paving the way for a robust legal year by building on the previous landmark achievements and avoiding a repetition of past mistakes. The Judiciary to a large extent was successful in effectively responding to the challenges it faced towards maintaining its independence and protecting its impartiality.

    May I therefore use this medium to commend my learned brother Justices for their courage, resilience and expertise in the handling of cases. We have worked together as a team to pilot the affairs of the apex Court of the land. I am optimistic that we shall demonstrate more commitment and hard work in the course of this New Legal Year.

    I wish to also recognize the efforts of all those, both within and outside the judiciary, who have been very instrumental in rebuilding the judiciary. Indeed their unwavering support and partnership have given birth to an improved justice delivery system.

    Appointments, retirements and passages 2017/2018

    On 27th February 2018 Hon. Justice Clara Bata Ogunbiyi’s sterling career as a judicial officer came to a fitting end as she gracefully retired into a well-deserved era of rest and private life.  We wish her good health and God’s blessing in her retirement.  Also of note is the appointment of Mr. Bassey E. Bassey, a Chartered Accountant as the Secretary of the Federal Judicial Service Commission. Mr. Bassey, replaces Mrs. Bilikisu A. Bashir, OON, who retired last year.

    Sadly however, we recall the passing of two seasoned Jurists, both former Chief Justices of Nigeria. I refer to the Honourable Mr. Justice Dahiru Musdapher, GCON, who died on January 22, 2018 at the age of 75 years and the Honourable Mr.Justice Katsina-Alu who died on18th July, 2018 at the age of 76years.  The leadership that both Jurists provided to the Nigerian judiciary and the Supreme Court in particular during their stewardship as Chief Justice of Nigeria was impactful and profound. Their judicial pronouncements have remained and will continue to be invaluable references both in advocacy and the practice of law in this Country. We also lost four of our brothers and retired Justices of the Supreme court namely; Hon. Mr. Justice Saifullahi  Muntanka Coommassie, who departed on Friday, October 13, 2017 at the age of 71 years;  Hon. Mr Justice Pius Olayiwola  Aderemi who passed away on Monday, June 18, at the age of 79 years;  recently, Hon. Mr. Justice Dennis O. Edozie  answered the call on 18th August, 2018 at the age of 82 years, and just last week, my ‘Senior Brother’, Hon. Mr. Justice Ikechi Francis Ogbuagu, CON, passed away at the age of 78  years.

    We thank God for their worthy and noble lives and the privilege of having them in our midst. We pray for the peaceful repose of their gentle souls and comfort for their families.

    On a personal level, I lost a mentor, Hon. Mr. Justice Mohammed Mustapha Akanbi, CFR, former President of the Court of Appeal, and former Chairman, Independent Corrupt Practices and Other Related Offences Commission, (ICPC), who died on 3rd June, 2018, aged 86 years. You will all agree with me, we lost one of the finest Jurists of our time whose enduring legacies we will cherish for a long time.  May God grant his noble soul the rest he so deserved.

    Review of the 2017/2018 legal year

    In the course of the 2017/2018 legal year, the Supreme Court considered a total number of 1,540 matters comprising motions, appeals and judgments. Under motions, we heard 824 civil and 273 criminal motions, totaling 1097. The Court also considered a total number of 438 appeals comprising 246 Civil, and 192 Criminal.  A total of 297 Judgments were delivered by the close of the 2017/2018 legal year. This is by all means an impressive report considering the persistent and increasing volume of cases that continue to come before this Court.  I attribute this impressive performance to the hard work of judicial officers, support staff and the reforms we are implementing to improve justice delivery. As we sit daily and sometimes conduct special sittings to clear back log of cases, we remain committed to expeditious dispensation of justice. I would like therefore, to once again salute and thank my learned brother Justices for their continued commitment and hard work.

    As we acknowledge noticeable improvement in the disposition of cases, we are not resting on our laurels. This court will therefore continue to strive for speedy disposal of cases that come before it.

    On the international scene, our reform efforts are recognized and rewarded. I was recently conferred with the Michael Hill Prize by the International Society for the Reform of Criminal Law in Montreal, Canada. I was also in Vienna, Austria at the launch of the Global Judicial Integrity Network by the United Nations Office on Drugs in April, 2018.

    I am happy to inform you that one of our Judges, Hon. Mr. Justice Kashim Zannah, Chief Judge of Borno State was nominated to serve on the Advisory Board of this important body.

    2018/2019 legal year in focus

    In my speech at the commencement of the 2017/2018 Legal Year, I stated that my primary concern is, inter alia, to ensure progressive upgrade of the judiciary especially in areas of administration, practice directions, independence of the judiciary and contributing significantly to the fight against corruption. I also emphasised that justice must not only be done, but must be manifestly seen to be done. While our quest for a vastly improved and ICT driven judiciary has achieved commendable milestones, I must state here that much work still needs to be done in order to improve our administration of justice, particularly as regards stricter timelines, records management, enhancing I.T presence, the independence of the judiciary and strengthening judicial standards and ethics.

    Administration of justice

    In order to enhance the administration of justice in Nigeria we are constituting a National Committee on Rules of Practice and Procedure made up of Judicial Officers, Legal practitioners from the local chapters of the Nigerian Bar, Academics and the National Judicial Institute. In addition to the present system of partial frontloading which covers pleading of facts and law, evidence should also be included. The Rules of practice and Procedure should make provision for concessionaires to handle the service of court processes and documents. Also, the Rules of Practice and procedure should provide for e-filing to be done either by courts or by external management service providers.

    We consider that the appellate system should be strengthened by enabling applications for leave to appeal where applicable to be dealt with in Chambers. Also I believe we have reached that stage in our legal system where it is needful for our rules of court and procedure to provide for the award of punitive or wasted costs by the Court for frivolous litigation or delays caused by Counsel. Rules of Court must provide for the mandatory keeping of Court Diary not only by the Registrar of Court, but also by the Judicial Officers. Where Information and Communication Technology is available and applicable, there must be computerized records in each Court. Entries must also be made and posted on the Website of the Judiciary, where information on the type of cases, progress made, judgments etc., can be accessed anywhere in Nigeria, weekly, monthly or quarterly. The National Judicial Council will write to each Head of Court  within the State to avoid conflict between the Chief Judge, Grand Kadi and President of Customary Court of Appeal where they exist.

    In addition, the Bar and the Bench should ensure that they play their roles in restoring ethics to the legal profession. The National Executive Committee of the Bar should prescribe and enforce sanctions for members who address news men while fully robed, and making comments on cases that are ongoing in court. The Educational Committee of the National Judicial Institute should include in its curriculum, issues that would sensitise Judicial Officers on the need to be cautious in having improper and private communication with Counsel appearing before them. Finally, there is need to continuously  train Judges and lawyers in the use of Alternative Dispute Resolution mechanism as a means of speedy dispensation of justice, and more importantly, boosting investor confidence in our economy.

    As we prepare for the 2019 general elections I reiterate that the Judiciary will, in determining electoral disputes, continue to play the role of independent, dispassionate arbiter without fear or favour, affection or ill will. However, the Bar must partner with key stakeholders to play the critical role of sensitization and voter education to ensure that eligible members of the public are properly enlightened on the need to participate in the process and conduct themselves lawfully. Such peaceful and largely accepted electoral outcome will engender peace and stability in the polity and ensure sustainable, innovative developments.

    It goes without saying that a free and fair election will generate less acrimony, tension and litigation.

    The court and technology

    It is obvious that the conventional method of justice delivery in Nigerian Courts today is cumbersome, time consuming, susceptible to loss or theft of Court documents.  There is difficulty in filing Court processes. Information Technology assisted justice system  will therefore enhance justice by ensuring, for example that information is adequately captured and passed on digitally, data exchange will not be disintegrated and court processes will be finalised and ready on demand. I believe, rather than point accusing fingers at the courts we should all take collective responsibility for this problem and chart innovative and practical solutions. To what extent, for example, can judicial process be fast-tracked with information technology unwittingly excluding or punishing litigants to negative consequences of IT. With e-justice system, case management will be automated, payment of fees will be made through dedicated websites to reduce corruption, and forms that simplify and streamline court proceedings will be available to court users online. However such measures must be accompanied by enhanced capacity of personnel and investments in cyber security.  There is no doubt that an independent, technology-driven justice system is fundamental to ensuring the establishment and promotion of sustainable institutions.

    During the 2017/2018 legal year, the following milestones were recorded:

    • Newly Retrofitted Court at the Supreme Court of Nigeria: The year witnessed the commencement of court proceedings in the newly retrofitted Courtroom of the Supreme Court of Nigeria. All Court proceedings are available on High Quality Video Format with FTR Recording Equipment. This has greatly assisted in obtaining real time transcription of Court Proceedings.
    • Nigeria Legal Email System: The Supreme Court of Nigeria had commenced the implementation of serving hearing notices through the Nigeria Legal Email System. This process came into force on July 16, 2018. Every registered lawyer on the platform gets immediate proof-of-service on sending email to the court using their Legal Email Address. Every lawyer having appeals in Supreme Court of Nigeria is expected to enroll for this service in order to be properly served.

    At present, 23,000 lawyers have been registered for the email and 18,000 already activated on the platform. In addition, 5, 250 email addresses are available for court staff. It is expected that some correspondences should now be mandatorily sent by official email (courts.gov.ng). A Court Policy will soon be developed in this regard.

    • Nigeria Case Management System (NCMS) – New cases are currently being filed into the Nigeria Case Management System. This is our flagship application designed to manage appeals from filling to final disposition. Appeals that have been filed before the implementation of this application will be migrated into the database using a Back loader Template.
    • New Audio Visual Equipment for Court Ceremonial Occasions– The main Courtroom has been equipped with new Audio Visual Technology equipment and big SMART LED Screen. This will assist in handling overflow arising from large turnout of people for court events by projecting the event on real time basis to them in the court foyer
    • Weekly Display of Cause List and Chamber Sittings– Our Cause List and Chamber Sittings are now constantly updated on our website. This will enable counsel and litigants to have prior information regarding the state of their appeals in the Supreme Court. Presently, the cause list of the Supreme Court for the period September to December, 2018 are already on our website. You may confirm it right now!
    • Presence on Social Media– For effective dissemination of information on Supreme Court of Nigeria operations and events, Twitter handle and Youtube accounts have been created in addition to the Court Website. This will enable the court to reach the litigation world through social media. Our twitter handle is @SupremeCourtNg and the Youtube Channel is “Supreme Court of Nigeria Media”. These mediums will be updated on a continuous basis to disseminate relevant information to Litigants and the public at large.

    In the same vein, the National Judicial Institute (NJI) has intensified IT training for existing Judicial Officers, Judges of Lower Courts and other staff of the judiciary.

    I therefore enjoin all judges and lawyers to join the judiciary’s quest for excellence by subscribing to, and acquiring the legal email, as manual forms of communication will soon be phased out. Lawyers who have acquired the legal email can henceforth communicate electronically with the courts and with each other.

    The fight against corruption

    As stated in my speech last year, an Anti-Corruption Cases Trial Monitoring Committee (COTRIMCO) was constituted under the Chairmanship of Hon. Mr. Justice Suleiman Galadima, JSC (rtd), OFR, CFR. The Committee was set up to monitor corruption cases in various courts across the country in line with my directive to all Heads of Courts to designate Special Courts in their various jurisdictions for the speedy trial of corruption cases.

    I am happy to inform you that at the end of the last legal year, a total of 1,499 such cases were identified. Out of this number, a total of 345 Judgments were delivered, 14 cases reserved for judgment and 12 cases struck out. There are 1,139 of such cases pending in various courts across the country. This is a remarkable achievement and a testament to the resolve of the Judiciary to fight corruption in our Nation.

    We have a lot more in our agenda to strengthen and reposition the judiciary, but suffice it to say that fighting corruption is not the responsibility of any particular arm of government but that of every citizen of Nigeria. Corruption or any other form of injustice, for that matter, thrives in a culture of impunity. To carry out a successful campaign against corruption, we have to fight the culture of impunity which is an attitudinal phenomenon. If we allow and respect the rule of law, then there will be a dramatic reduction in corruption and injustice. Corruption starts with a decision by an individual or a group of individuals to do the wrong thing. It is as simple as that. Corruption is never an accidental act. The person who commits a corrupt act has an option to do the right thing. As a democracy, Nigeria is guided by the Rule of Law where the Constitution is the ground norm. And let me quickly add that there is no ambiguity as regards the role of the judiciary in our Constitution. It is an arbiter between parties. The core issue in the mind of an arbiter at any point in time is for justice to be done and seen to be done.

    Corruption in the judicial arm of government happens if an arbiter, in this case a magistrate, a judge, a justice or a panel, having heard from all parties and having determined where justice lies, decides to do the wrong thing by giving judgment to favour a particular individual or party over another.

    We must not lose sight of the indispensable role of the judiciary in the fight against corruption.  Corruption continues to place the judiciary in the eye of the storm, but, we cannot allow that to deter us or weaken our resolve. We must resist all attempts by a rapacious elite to make justice a commercial commodity. This is an imperative if democracy is to be sustained in our country where the free market milieu seems to be promoting an alarming notion that there is a price tag for everything!  We must accept that acts of misconduct of a few rub off on the rest of the judiciary and create the impression that all judicial officers have their hands soiled with the proceeds of corruption.

    As Henry Ward Beecher sagely observed –

    “Take all the robes of all the good judges that have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge”

    It is therefore imperative that anti-corruption initiatives must embrace proactive as well as consequential measures. Indeed the National Judicial Council is determined to redress proven cases of judicial corruption with swift and decisive measures.

    Six months after inauguration, CONTRIMCO came out with an interim report that indicted almost everyone in the justice delivery chain –prosecutors, investigating agencies, lawyers (Counsel), judges, and prison authorities among others. The Committees’ reports distilled the problem ranging from poor prosecution, duplication of charges, multiplicity of cases, absence of parties in court, extrajudicial statements, lack of relevant documentary evidence; and on the part of the court, the committee identified the following as contributing to delay in quick dispensation of corruption cases: retirement/transfer of judges handling such cases, granting of remand order by a court without following up to ensure suspects are brought to court, inadequate provision for proper records keeping, cumbersome process of transmission of records from trial Court which impedes the early disposal of appeals, and difficulties associated with ascertaining addresses for service of process by Bailiffs. The Committee also made far reaching recommendations for speedy trial of corruption cases which I have adopted and have started implementing.

    We in the Supreme Court, haven reduced the pre-election appeals in the course of the third term will devote much of this first term in dealing  with the identified EFCC, ICPC, and Economic Crime cases alongside the normal Civil, Criminal, and Political cases.

    We shall continue to strengthen the judicial institutions in the performance of their statutory functions. We shall reform, strengthen, and continue to work with the National Judicial Council and with the support of the public rid the Judiciary of both perceived and real corruption.

    New Senior Advocates of Nigeria

    As with our tradition, today we confer the highest honour of our profession on the most deserving members of the Nigerian Bar. This year, 31 legal practitioners were nominated for the award of the Rank of Senior Advocate of Nigeria (SAN) on 12th July, 2018.  However, only 30 will be conferred with the Prestigious Rank today.

    Based on a petition against one of the awardees, Ikhide Ehighilua, Esq, and by virtue of Section 5(1) of the Legal Practitioners Act, CAP L11, Laws of the Federation of Nigeria 2004 as amended, the Legal Practitioners’ Privileges Committee at an emergency meeting held on Thursday, 20th September, 2018, to consider the petition, and the written reply by the respondent, decided to withdraw the nomination of Ikhide Ehighilua, Esq for the conferment of the Rank of Senior Advocate of Nigeria. The Committee also barred the Legal Practitioner from applying for the rank for the next five years or five applications beginning from 2019.

    By virtue of the provision of section 5 of the Legal Practitioners ‘Act, CAP L11, Laws of the Federation of Nigeria, 2004 as amended, the Legal Practitioners’ Privileges Committee (LPPC) has the sole responsibility to confer on legal practitioners the rank of Senior Advocate of Nigeria (SAN). The rank is the zenith of legal practice and the highest honour conferred by this noble profession. It is a rare privilege bestowed on eminently deserving members of the Bar who have distinguished themselves in the knowledge, practice of and contribution to the law, having passed through rigorous processes. I am aware of the meticulous screening and scrutiny which lawyers are subjected to in line with the minimum standards of competence provided by the published new Guidelines for the Conferment of the Award of Rank of Senior Advocate of Nigeria 2017.

    For the first time, the exercise commenced 60 days earlier than previous exercises, with 164 legal practitioners applying for the rank this year. This number consisted of 83 court room advocates and 23 legal academics.  It is my greatest delight to announce that out of the new conferees, we have the first female Professor in the legal academia elevated to the rank of Senior Advocate of Nigeria.  It is therefore a commendable feat achieved by the newly appointed Senior Advocates.

    The appointment system as I emphasized last year, will continue to be credible and transparent as laid down by the Legal Practitioners’ Privileges Committee Guidelines to ensure that appointments are free from partisan politics.  As a result of the revised appointment system, only final decisions emanating from Superior Courts of Records with legal significance with accompanied mandatory processes settled personally was accepted for the 2018 SAN award exercise.  Apart from Personal Income Tax requirement already in the Guidelines, it was a new requirement for all advocate applicants to provide evidence of letters of employment and pension scheme for junior counsel in chambers. The essence of these criteria is to aid the welfare and growth of junior Counsel, and strengthen the standard of legal practice.

    The rank is a privilege.  It is bestowed on you to show great leadership, integrity, humility, exemplary character and be a role model to all aspiring lawyers and the public at large. I am confident that you all will live up to our expectations.

    It is imperative to state here again that this rare privilege can, and shall be withdrawn if abused. It must therefore be guarded jealously. I must also stress that as members of the Inner Bar, you now occupy positions of trust and great responsibility.  Expectedly, you must exhibit every virtue of excellence, integrity and diligence at all times. You must also remember your duties to the Courts as custodians of justice.

    I have to point out the fact that in the just concluded exercise, some applicants were found to have engaged in dishonourable conduct such as forgery of judgments, resulting in their being reported to the Police for investigation and possible prosecution.  We have to know that if one is not for any reason qualified to wear silk as a Judicial Officer, he cannot wear it as a Senior Advocate of Nigeria.

    I would like at this point to thank the distinguished members of the Legal Practitioners’ Privileges Committee tasked with the assignment of scrutinising over 4000 judgments, trial proceedings and publications, and at the same time conduct disciplinary proceedings on petitions received against Senior Advocates of Nigeria.

    I am also happy to report that, for the first time, you all attended a pre-conferment induction programme organised and conducted by the Body of Senior Advocates of Nigeria (BOSAN). The decision to organise the induction was taken at the inaugural meeting of the body held in Lagos. The report of the 1st induction programme with the theme “Legal Ethics And Professionalism In the Practice of Law” indicates that it is a very timely and useful exercise that must be sustained to deepen the Rules of Professional Ethics and Conduct in the legal profession and to arrest the declining standard of the practice of law in Nigeria.

    It is my hope that the impact of your pre-conferment induction would be seen and felt by all in the years to come.

    Let me further state here that the Board of Governors of the National Judicial Institute has been enjoined to emphasize the need for frequent Bar/Bench Meetings, as this will lead to better relationship between the Bar and the Bench. This sort of collaboration can only strengthen our institutions and bring about the best in us. Ours is not called a ‘Noble Profession’ by accident. It is truly noble!! Don’t you ever forget that.

    I therefore congratulate you all as worthy recipients of this great honour which continues to represent the best and the noblest of the tradition, practice and integrity of our profession. I wish you success in all your future endeavors, including that of being role models.

    Conclusion

    My Lords, Distinguished Ladies and Gentlemen, while we are not unmindful of the challenges facing the judiciary and dispensation of justice, we are strong in the conviction that we are able to meet these challenges.  The 2018/2019 legal year will by the Grace of God, be a great year for the Judiciary as it endeavours to deliver justice to all. We therefore commence this legal year with renewed hope and vigor.  And without any doubt, I want to confidently declare, on behalf of my learned brothers, that the Supreme Court will remain at the vanguard of the protection of democracy, human rights, rule of law and expeditious dispensation of justice.  This can only be translated to reality by our individual and collective efforts based on moral and spiritual foundations.

    On behalf of my brother Justices of the Supreme Court, I extend our sincere gratitude to all our distinguished guests and well-wishers who are gathered here from far and near to witness this historic occasion.

    It is now my singular honour and privilege to declare the Supreme Court of Nigeria 2018/2019 Legal Year open.  I wish you all a fruitful and happy new Legal year!