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Tag: President of the Court of Appeal

  • Post-election litigation: Bulkachuwa warns tribunal judges against misconduct

    The President of the Court of Appeal, Justice Zainab Bulkachuwa has warned judges nominated to serve in the various election tribunals to desist from act amounting to misconduct.

    Justice Bulkachuwa threatened not to spare any tribunal member who abuses his/her office and is found wanting in the course of carrying out his/her assigned responsibilities.

    She spoke in Abuja at the opening session of an induction for Justices of the Court of appeal, chairmen and members of election petition tribunals. She said every member of the tribunal shall be closely monitored.

    Justice Bulkachuwa said: “The Judiciary has been a major role player in the sustenance of democracy in Nigeria by adjudicating in all cases that arise from pre-election as well as post-election activities.

    “By the end of this week, we will all be in our various states for the tribunals and the appeals that will follow suit by the aggrieved parties. I need not remind you that the assignment ahead of you is enormous and due diligence and professionalism is expected from each and every one of you.

    “Always be law-abiding and do not allow yourselves to be stirred by emotions, fear or sentiments. You are expected to be in charge of your courts.

    “The Judiciary is in the lime light and as Judicial officers we should discharge the responsibilities reposed on us both individually and collectively by dispensing justice in accordance with the law without fear or favour, affection or ilI-will within the dictates of our conscience and oath of office.

    “Let me remind you that in an Election Petition Tribunal, time is of the essence, I therefore urge you to desist from granting frivolous adjournments and also discourage the practice of employing undue technicalities or any act capable of causing delay in the dispensation of petitions before you.

    “Like I have said before, each and every one of you will be closely monitored by my office and I will not hesitate to descend on any Judge found wanting in the discharge of his or her duties.

    Read also: Presidency spanks PDP for threatening to stop Buhari

    “By the end of this induction training, you will all be abreast with what is expected of you and I am sure by the time you resume your duty posts you will be ready to carry out the task assiduously.

    “Feel free to interact with your colleagues in areas that are unclear to you especially those of you that are coming to tribunals for the first time. Forums like these are meant for discussions and exchange of ideas so that by the end of the day we would have tapped from each other’s knowledge and experience, and we will be wiser and better equipped to meet the tasks ahead of us”.

  • Mind yourself, Appeal Court President warns tribunal judges

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, has warned judges nominated to serve in the various election tribunals to desist from act amounting to misconduct.

    Bulkachuwa threatened not to spare any tribunal member who abuses his/her office and is found wanting in the course of carrying out his/her assigned responsibilities.

    She spoke in Abuja at the opening session of an induction programme for Justices of the Court of Appeal, chairmen and members of election petition tribunals.

    She said every member of the tribunal shall be closely monitored.

    Bulkachuwa said: “The Judiciary has been a major role player in the sustenance of democracy in Nigeria by adjudicating in all cases that arise from pre-election as well as post-election activities.

    “By the end of this week, we will all be in our various states for the tribunals and the appeals that will follow suit by the aggrieved parties.

    “I need not remind you that the assignment ahead of you is enormous and due diligence and professionalism is expected from each and every one of you.

     “Always be law-abiding and do not allow yourselves to be stirred by emotions, fear or sentiments. You are expected to be in charge of your courts.

    “The Judiciary is in the limelight and as judicial officers, we should discharge the responsibilities reposed on us both individually and collectively by dispensing justice in accordance with the law without fear or favour, affection or ilI-will within the dictates of our conscience and oath of office.”

    She added: “Let me remind you that in an Election Petition Tribunal time is of the essence, I, therefore, urge you to desist from granting frivolous adjournments and also discourage the practice of employing undue technicalities or any act capable of causing delay in the dispensation of petitions before you.

    “Like I have said before, each and every one of you will be closely monitored by my office and I will not hesitate to descend on any Judge found wanting in the discharge of his or her duties.

    “By the end of this induction training, you will all be abreast with what is expected of you and I am sure by the time you resume your duty posts you will be ready to carry out the task assiduously.

    “Feel free to interact with your colleagues in areas that are unclear to you especially those of you that are coming to tribunals for the first time.

    “Forums like these are meant for discussions and exchange of ideas so that by the end of the day we would have tapped from each other’s knowledge and experience, and we will be wiser and better equipped to meet the tasks ahead of us”.

  • 2019: CJN urges Judges to be wary of politicians’ antics

    2019: CJN urges Judges to be wary of politicians’ antics

    The Chief Justice of Nigeria( CJN ), Walter Onnoghen has asked judges to be wary of the antics of politicians to avoid being led into acts capable of ruining their reputation.

    Onnoghen noted that as the nation moves closer to its electioneering season, politicians have become desperate and would do to anything to attain power.

    He said: “Let me remind us that our salvation remains in our hands; so in the approaching frenzied political activities leading to the 2019 general elections, let us continue to watch the company we keep, the people we open our doors to lest we unwittingly open ourselves to ridicule and embarrassment as the politicians will do anything not necessarily legal, to have their way including destroying our hard earned reputation and integrity.

    “I therefore say to all of us, be strong, courageous, fair but firm. Stick to the constitutional provisions, the law and doctrine of precedents (stare – decisis) and you cannot go wrong.

    “Even when you are wrongly accused, as we very much are, be patient and remain assured that ‘truth crushed to the earth shall rise again the eternal years of God are hers.

    Onnoghen spoke in Abuja Thursday during the opening session of the Annual Justices of the Court of Appeal Conference.

    The CJN, who was silent on their names, said 14 new Justices have formally been appointed for the Court of Appeal.

    Onnoghen preached against corruption on the bench and urged judge to respect the decisions of the higher courts.

    He said: “As you may be aware, the National Judicial Council at it’s just concluded meeting, approved the elevation of 14 Judges to the Court of Appeal to fill in vacancies that had existed hitherto in the Court.

    “This will certainly help to reduce the work load for the Justices of the court, as well as help in your preparations as we approach election year in our country.

    “Your level of preparation, coupled with the determination of Mr. President, Mohammadu Buhari, GCFR to bequeath to Nigeria a legacy of credible election process, will guarantee the peace and stability we all desire.

    “The fight against corruption must be holistic. Consequently, we must address those issues that tend to distract the Judicial Officer, as well as removing from our midst, undesirable persons of questionable character.

    “It is my firm believes that if we identify and remove them at the lower courts, the appellate courts would have men of integrity, which in turn elicits confidence in the litigants who come before you.

    “I urge you to change your attitude towards your obligation to stare decisis. The benefits are far-reaching and far out-weigh the few and feeble disadvantages.

    “On Judicial precedents as it relates to election and pre-election matters, I want to remind us that the Supreme Court has decided in a number of cases that the principles of Judicial review such as Mandamus, Certiorari, Prohibition etc do not apply because election and election related matters, such as pre-election causes are suis generis.

    “There is an emerging trend whereby a party in a pre-election or election matter, after exhausting his remedies sometimes up to the Supreme Court still pursues a parallel cause of action under the guise of judicial review hoping that one of such parallel actions may succeed, thereby making the court to contradict itself resulting in great embarrassment to the system.

    “Much injustice is thereby created particularly in matters that may not get to the Supreme Court for correction.

    “Where, however, the matter gets to the Supreme Court and the right thing is done, much injustice would have been occasioned by not following the principles of stare decisis.

    “I am saying these because soon the tempo of political activities will pick up and some lawyers will stop at nothing in their effort to outsmart the Bench; so be very very careful and as I have always said, be on top of your game by mastering the principles of laws and facts relevant to the case or issues involved in the dispute so as not to allow legal practitioners to mislead you to the embarrassment of the Judiciary.

    “Always be consistent by following the principles of stare decisis and the law. If you stick to this simple piece of advice, you will not go wrong in your determinations/decisions,” Onnoghen said.

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, who also confirmed the appointment of new Justices for her court, said those appointed were solely on merit.

    She said: “I would also like to seize this opportunity to straighten the fact on the ongoing process of elevation of Judges to the Court of Appeal.

    “It is strictly based on merit with particular preference for Judges who have distinguished themselves by the quality of their judgements in the lower courts and to fill in vacancies created by the death, retirement or elevation to the Supreme Court of our former justices.”

    Bulkachuwa, who spoke about the many innovations to be introduced into the court’s operations in the New Year, urged Justices of the court to shun corruption.

    She said: “Sometimes back, the Judiciary came under heavy attacks on allegation of corrupt practices.

    “As judicial officers, it is not enough to simply talk about corrupt practices but one must believe in the fight against corruption and we must work at it together.

    “I therefore, urge us all to eschew corruption and uphold best practices that will rekindle and bring back trust to the judicial arm of government.

    “Let’s not ask how corruption can be tackled; our main focus should be on what we can do as individuals, or collectively as a body to address this plague,” Bulkachuwa said.

  • Bulkachuwa, Malami, Ojo, others seek enhanced ADR use in dispute settlement

    Bulkachuwa, Malami, Ojo, others seek enhanced ADR use in dispute settlement

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN), a former AGF, Bayo Ojo (SAN) and others have called for enhanced application of alternative dispute resolution mechanisms (ADR) in dispute resolution.

    They argued that prompt resolution of business disputes through ADR will not only  serve as a lure to foreign direct investments, it will enhance the success of government’s policy aimed at ensuring ease of doing business in the country.

    Bulkachuwa, Malami, Ojo spoke in Abuja Tuesday at the opening session of the Biannual African Arbitration Roundtable put together by the International Centre for Arbitration and Mediation Abuja (ICAMA).

    The event has as its theme: “Growing and sustaining domestic arbitration and ADR in Nigeria.”

    Other speakers, including the President of the National Industrial Court, Babatunde Adejumo, Chairman Senate Committee on Justice, Human Rights and Legal Services, David Umar and Chairman, House of Representatives Committee on Justice, Razaq Atunwa held similar view.

    Bulkachuwa noted that it was time African development its ADR capacity, including providing skilled hands to drive the process in view of the increasing numbers of arbitration cases involving Africans and African businesses.

    She urged that Africans should put behind them the era when arbitral disputes were exported to other continents for settlement.

    Bulkachuwa disclosed that her court would, by the end of the year commission its ADR centres in Abuja, Lagos and two other divisions as a way of activating the provision of Order 16 of the Court of Appeal Rules 2016.

    She said under the arrangement termed: Court of Appeal Arbitration Process (CAAP), where the ADR mechanism pursued under the Court of Appeal Rules 2016 succeeds; the court shall adopt the agreement reached by parties as judgment of the court. But where it fails, the appeal shall be subjected to the normal procedure.

    Malami said the Nigerian government was aware the the existence of effective dispute resolution mechanism was key to attracting investment and was willing to work with all stakeholders in the public and private sectors to ensure that disputes were resolved timeously.

    He said: “We shall also continue to collaborate with the Judiciary, which has a key role to play in ensuring the overall efficacy of dispute resolution mechanisms in the country, including a ADR.”

    Malami, who praised Ojo and ICAMA for working to promote ADR practice in the country, urged that gathering to dwell on ways in which arbitration and mediation could better serve the nation’s economy as a tool for timeous resolution of commercial investment disputes.

    Ojo, who is ICAMA Chairman, said it was now imperative that African countries seeking to attract foreign direct investments must first in place a conducive business environment, a key factor of which it means of prompt dispute resolution.

    He expressed delight that the Nigerian government was working in that direction with its current initiative on the ease of doing business.

    Ojo said the ICAMA roundtable was intended as a platform to engage the diverse perspectives and experiences of arbitrators and other stakeholders in addressing existing challenges in prompt dispute resolution in the continent.

    The former AGF, who noted that arbitration was fast becoming the preferred mechanism for oiling the wheel of economic growth, said there was the urgent need to reverse the practice where arbitral dispute were exported by evolving ways of growing and sustaining domestic arbitration in Africa.

    Adejumo said it was impossible for any nation to grow and attract investments where disputes are not resolved within the shortest possible time.

    He attributed the slow growth of ADR practice in the continent to lawyers’ fear that they would earn less, but noted that the legal practitioners would actually earn more where disputes are promptly resolved and not held down in the process of litigation.

    Umar, who assured that the Senate would do all within its powers to encourage arbitration practice in the country, said the upper legislative chamber was working to endure that when passed, the Bill for the amendment of the extant arbitration law will meet the expectation of all.

    Atunwa, who was represented by a member of the House of Representatives, Igariwe Iduma Enwo, notee that in Nigeria, like any other African countries, the future in settling business disputes now lies in arbitration and other alternative dispute resolution mechanisms.

    This, he said, results from the fact that the conventional recourse to courts could  be too slow, cumbersome and prohibitive in cost.

    He expressed delight that the growing adoption of acceptance of arbitration and other alternative dispute settlement options in the continent has reduced the earlier practice where Africans patronise foreign ADR centres.

    Other speakers included the Director, Chartered Institute of Arbitrators, London, Anthony Abrahams and the President, Chartered Institute of Arbitrators, London, Professor Nayla Comair-Obeid.

  • My most critical moment as Chief Judge – Justice Auta

    My most critical moment as Chief Judge – Justice Auta

    …CJN, Gov Shetima, Senator Ndume, others hail ex-Federal High Court Chief Judge

     

    The immediate past Chief Judge of the Federal High Court (FHC), Justice Ibrahim Auta has taken a retrospective look at his over six-year tenure and recalled his most critical period while in office.

    Auta said the period preceding the 2015 general elections was the most critical in his career, because he was worried about the negative consequences of a decision by any judge of the court on the electoral process.

    He spoke in Abuja on Sunday at a dinner held in his honour by members of the Southern Borno Community in Abuja. Justice Auta, who hailed from Southern Borno, retired last month on attaining the mandatory retirement age of 65 years.

    Justice Auta said: “my critical moment was the 2015 election. When it came, I said, God help me. Because, as the Chief Judge of the Federal High Court, there are divisions of the court in all the 36 states, with about 80 judges and I am here in Abuja.

    “A judge may do something in Bayelsa, in Sokoto or in Maiduguri; they will say the Chief Judge is aware. But I have no way of knowing what all the judges are doing, but the buck stops on my table. When 2015 came, they started with the registration of parties. That was when I started seeing the danger line.

    “I prayed to God to give me the wisdom to steer the ship of the court so that we will go through this election period without any bloodshed, which will be attributable to any action of the Federal High Court.

    “Then suddenly, the cases started coming out, asking for the disqualification of this, the disqualification of that. And I know then that if we had disqualified anybody there would be bloodshed, serious bloodshed, because parties would not take it

    “And we made up our mind to see that to see that we did not disqualify anybody, and 2015 came and passed without any hiccups. God did it for us, and I am always thanking God for that.  We had a successful election without any blame put on the Federal High Court.

    “I remember that around that time, one of the foreign embassies said Nigeria was going to disintegrate in 2015. They said it would be as a result of judgments or rulings that would come from the Federal High Court, but we vindicated ourselves.

    “It is God, and not by our wisdom. That was my most challenging period. And God saw us through. I give God the glory. I also thank my colleagues for their support, because if they did not cooperate with me, we would not have been successful.

    “So, I give kudos to the judges of the Federal High Court for seeing Nigeria through. And now, we have a government in place in the country,” Justice Auta said.

    Other speakers at the event, including Borno State Governor, Kashim Shetima, Chief Justice of Nigeria (CJN), Justice Walter Onnoghen and Senator Mohammed Ndume, extolled Justice Auta’s virtues, with many describing him among others, as a courageous man, who sticks to the truth no matter whose ox is gored.

    Represented by a Supreme Court Justice, Justice Clara Bata-Ogunbiyi, Justice Onnoghen said: “Justice Auta is truly a Nigerian; a man of courage, a man of character and a man that is fearless. No matter whose ox is gored, my lord will always stand by the truth.”

    The CJN said the Judiciary was already missing Justice Auta’s contributions, but added that the retired jurist deserved a befitting rest having worked tirelessly for the country.

    Borno State Governor, Kashim Shetima described him as a worthy son of the state, who discharged his responsibilities diligently and devoted his working life to the development of the nation’s Judiciary.

    Represented by the state’s Deputy Governor, Usman Durkwa, Shetima said: “Justice Ibrahim Auta is a man of uncommon integrity. We congratulate him for a meritorious service to his fatherland and wish him a happy retirement. The people and government of Borno are proud of you.”

    A member of the event’s organising committee and serving Senator, representing Borno South Senatorial District, Senator Mohammed Ali Ndume said the event was to celebrate a worthy indigene of Borno State, who is a mentor to most of indigenes of the state.

    Ndume said: “Justice Auta is a true rare model to us. He encouraged most of us in various fields, and was instrumental to what many of us are today. You are a symbol of what we are and you have actually set a benchmark for us.

    The Chairman, of the event’s organising committee, Ambassador Dauda Danladi, equally hailed Justice Auta, who he noted, put in almost 40 years of glorious and impeccable service to the nation.

    Danladi said: “At a time when public officers are faced with great challenges and temptation, I could rightly be said that it is easy for the camel to pass through the eye of a needle that for a public servant to retire peacefully and unblemished.

    “We are therefore proud to say that Justice Ibrahim Ndahi Auta has retired with his integrity intact, untainted and incorruptible. Throughout his glorious career as a jurist, he is known for his incisive, bold legal mind, forthrightness and for dispensing justice without any fear or favour, affection or ill will,” Danladi said.

    Also at the well-attended event were the President of the Court of Appeal, Justice Zainab Bulkachuwa, Justice Binta Nyako (of the Federal High Court), suspended Secretary to the Government of the Federation (SGF), Babachir Lawal and President of the Nigerian Labour Congress (NLC), Ayuba Wabba.

     

  • Ondo: Court of Appeal gets new panel

    …To inform parties about new hearing dates Thursday

     

    The President of the Court of Appeal, Justice Zainab Bulkachuwa has constituted a fresh panel of three Justices to hear appeals relating to the dispute over the governorship candidate of the People’s Democratic Party (PDP) in Ondo State.

    The new panel has Justice Ibrahim Saulawa (Acting Presiding Justice of the Calabar division of the court) as head.

    Other members are Justices Ignatius Igwe Agube and Ita Godwin Mbaba (both of the Owerri division.

    The Nation learnt Wednesday that members of the new panel will meet today and agree on when to commence sitting and work-out schedule of sitting, following which hearing notices will be sent to parties.

    The new panel is to act in place of the last one, headed Justice Jumai Sankey that withdrew on Tuesday following a petition by factional Chairman of the PDP in Ondo Prince Biyi Poroye.

    Justice Bulkachuwa, in a letter dated November 1, 2016, a copy of which was served on the court’s Chief Registrar, informed members of the new panel of their appointment.

    By the letter, a copy of which The Nation sighted in Abuja yesterday, the new panel is to hear and determine four appeals.

    They include:  CA/A/402//2016, filed by the Ahmed Makarfi faction of the PDP against Benson Akingboye and two others; CA/A/551/m/2016 filed by Ahmed Makarfi and Ben Obi against Biyi Poroye and 10 others and CA/A/551A/m/2016 filed by Clement Faboyede and another against 10 others.

    The panel is also to hear an appeal marked:  CA/A/EPT/567/2015 filed by Diri Kelly Adonye and INEC and two others.

    Two pending appeals in relation to the Ondo PDP crisis it yet to be assigned to any panel.

    They are:  CA/A/551C/2016 filed byEyitayo Jegede against Prince Biyi Poroye and 10 others; and CA/A551B/2016 filed by the PDP against Biyi Poroye and 9 others.

    In her letter to members of the new panel, Justice Bulkachuwa directed them to independently design their work schedule, including dates of hearing of the appeals.

    They are also to liaise with the Presiding Justice of the Abuja division of the court, Justice Abdu Aboki.

    Part of the letter reads: “You are hereby empannelled to sit and determine the above appeals in Abuja Division expeditiously.

    “Hon. Justice I. M. M Saulawa will be presiding in the panel.

    “Fixation of dates to be worked out with the Presiding Justice, Abuja division.”

    On Tuesday, Justice Sankey had, while speaking about petition by Poroye, said iy contained many allegations, including claim that members of her panel were induced to act in favour of the appellant.

    Other members of her panel were Justices Emmanuel Agim and Oluwayemisi Williams Dawudu.

    Justice Sankey said: “The petitioner is not only complaining about the speed with which the panel is going about the case, he also said that the setting up of the panel is unnecessary because the case did not require any urgency.

    “The petitioner accused me of being very poor. He said because I was ill some years ago, I have become so poor that I am open to corruption. He is using my illness of about five years ago to say I am so poor that I am now open to corruption.

    “I carry my poverty with pride. I will not steal any body’s money,” Justice Sankey said.

    Justice Agim wondered why the petitioner failed to explore the legitimate process of asking a judge to withdraw from a case rather than resorting to casting aspersions at innocent judges via a petition, containing unsubstantiated allegations.

    “One of the allegations in the petition is that the reason we are doing this case is that we have been paid money,” Justice Agim said.

    While announcing her panel’s withdrawal from the appeals, Justice Sankey said: “Ordinarily, since no facts have been placed before this court formally, to show a likelihood of bias on the part of the panel, and since learned Senior Advocates for the petitioner and first respondent has disassociated himself from the petition, we would have been minded to continue with the hearing of these appeals.

    “This position will accord with settled law on bias against a judge on the basis of which his recusal is sought. It is that a judge, upon such a mere allegation, should not simply throw in the towel and abandon the case. “Such an attitude has been described as an abdication of judicial responsibility. It is the duty of the judge to consider the facts placed before him to find out if they are not just spurious and whimsical, but discloses a reasonable basis that there is a real likelihood of bias.

    “Even though this petition has fallen short of showing any likelihood of bias, nonetheless, we consider it more desirable to recuse ourselves at this stage in respect of all appeals and applications connected to the Ondo State governorship election.

    “All the files in this regard are now sent back to the Honourable President of the Court of Appeal for re-assignment.”