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Tag: Senior Advocates of Nigeria

  • SANs group: Onnoghen’s resignation not enough

    A 20-man group of Senior Advocates of Nigeria (SANs) under the aegis of the Justice Reform Project (JRP) Tuesday said Chief Justice Walter Onnoghen’s resignation was not enough in view of “the grave nature of the allegations” against him.

    Urging the Federal Government to sanction other judges whose legitimate earnings do not justify their wealth, the group said justice should run its course in the Onnoghen matter.

    According to JRP, extending the anti-graft exercise to other judges will restore confidence in the Judiciary and dampen the impressing that the former Chief Justice of Nigeria (CJN) was being victimized.

    The group, set up to push for reforms in the judiciary/legal profession, is led by one of the oldest SANs, Mr. Ebun Sofunde, with Jibrin Okutepa, Dr Babatunde Ajibade, Prof Ernest Ojukwu, Osaro Eghobamien, Mrs. Funke Adekoya, Kayode Sofola, among others, as members.

    In a statement, JRP said it noted Onnoghen’s resignation “with concern”, but added that the matter should not end there.

    “His resignation/voluntary retirement is not an answer to these allegations and the JRP expects that justice, which is no respecter of persons or position, will be allowed to take its course,” it said.

    JRP urged the Federal Government to look beyond Onnoghen for three reason main reasons.

    It said: “Beyond Honourable Justice W. S. N. Onnoghen, however, the JRP believes the revelations that have been made in the course of this affair necessitate that urgent steps be taken to identify and sanction all other Nigerian judicial officers who are found to possess inexplicable wealth that cannot be reconciled with their legitimate income or their asset declarations, two of the allegations made against Justice Onnoghen.

    “These steps are necessary for a variety of reasons. First, to restore public confidence in the judiciary and disabuse the notion that all judicial officers in Nigeria are corrupt and that justice is for sale.

    “Second, to disabuse the notion that Justice Onnoghen’s travails are a mere witch-hunt motivated by ethnic and political interests rather than the result of a genuine concern for sanitising and reforming the Nigerian judiciary.

    “Third, to eliminate the suspicion that the Executive arm of government is using the information it has access to by virtue of its control over the apparatus of the state to take selective action only against those judicial officers that fail to do its bidding.”

    READ ALSO: Onnoghen: I didn’t confess to hiding my bank accounts

    Besides, the group said Onnoghen’s response to allegations by the Economic and Financial Crimes Commission (EFCC) before the National Judicial Council (NJC) raises significant questions about how heads of courts manage judiciary’s funds.

    “Without prejudice to the legitimate clamour for increased budgetary allocation to the judiciary, its financial independence and improvement in the working conditions of service of judicial officers, all of which JRP wholeheartedly supports, there must be better management of that which is currently allocated.

    “The JRP calls on everyone with a stake in our judicial system (the public, the Bar, and the bench), to report their concerns, if any, to the relevant regulatory agencies so that they are investigated.

    “The legal profession is a self-regulating one, so it behooves all its members to take an active interest in maintaining the standards of rectitude and integrity expected of judicial officers and legal practitioners.

    “In making this call, the JRP merely exhorts every member of the legal profession to act as they are expected to act.

    “If the profession does not regulate itself effectively, incidents such as those involving Justice Onnoghen will remain a fixture in our judicial system.”

  • Breaking: Onnoghen likely to face fresh criminal charges

    The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, may face two fresh trials on alleged huge deposits on his accounts.

    There were indications that Onnoghen might be tried for alleged several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.

    The latest cases also border on alleged strange deposits in his accounts and cash gifts from some Senior Advocates of Nigeria( SANs).

    It was learnt that the Federal Government has delayed the arraignment of the CJN in deference to the constitutional provisions on the National Judicial Council (NJC).

    The constitution stipulates that such allegations against a judicial officer should first be presented to the NJC.

    The Economic and Financial Crimes Commission (EFCC) has submitted a petition and a comprehensive report on Onnoghen’s accounts to the NJC.

    A top government official, who spoke in confidence with select newsmen, said there are three dimensions to the allegations against Onnoghen.

    He said apart from the trial of Onnoghen at the Code of Conduct Tribunal (CCT), there might be two other cases against him.

    The source said the suspended CJN might be arraigned before a High Court of Justice very soon.

    The source said: “When President Muhammadu Buhari decided to suspend Chief Justice Walter Onnoghen on the 25th of January, 2019, it was in response to serious allegations of irregularities, illegalities and criminal conduct contained in petitions submitted against the top judicial officer, and indeed some findings of the Economic and Financial Crimes Commission (EFCC), which not only substantiated those petitions but threw up even more damning facts.

    “Since then, there have been several public revelations and judicial proceedings which are sometimes confusing to members of the general public.”

     “For clarity, there are two different cases currently ongoing before constituted panels and a separate ethical issue in the public domain,

    “The first point of focus has been the failure of the Chief Judge to declare his assets immediately after taking office and every four years thereafter, as required by the 1999 Constitution, which is the supreme law of the land, and the Code of Code of Conduct Bureau and Tribunal Act.

    “This particular illegality has been admitted in writing by the Chief Justice himself and is a matter for criminal prosecution now before the Code of Conduct Tribunal (CCT).

    “But we must note that because of its specialised nature, CCT has a narrow jurisdiction and the case before it is confined to the issues of asset declaration, failure to declare assets as required by law and false declaration of assets.

    “That is what the CCT had been hearing since charges were first filed against the CJN on the 10th of January, 2019.

    “The prosecution recently closed its case and lawyers to the suspended CJN are now to open the defence or make a no case submission. Just for clarity, it is worth emphasizing that the CCT will only treat issues relating assets declaration.”

    Read also: Onnoghen: No allegations of $3m, 55 houses before tribunal – Prosecutor

    The source gave insights into the new cases against the suspended CJN.

    He added: “The more interesting aspect of the suspended CJN’s dilemma involves allegations of several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.

    “It is alleged, for instance, that the suspended CJN is the owner of some domiciliary accounts primarily funded through US dollar cash deposits made by himself.

    “More disturbing is the pattern of deposits which, according to EFCC, were made in a manner inconsistent with financial transparency and the code of conduct for public officials.

    “These include instances of repeated cash deposits of 10,000 US dollars each, totaling close to two million dollars.

    “These serious allegations would ordinarily have gone to the High Court for prosecution, but for a case precedent which stipulates that such allegations against a judicial officer should first be presented to the National Judicial Council, more or less an internal disciplinary panel for erring judicial officers, before being prosecuted in a criminal court.

    “The allegations of unexplained wealth, huge cash deposits being made into the suspended CJ’s Naira, dollar and pound sterling accounts directly from the court and well beyond his estacode and other allowances; unexplained payments into the suspended CJN’s account by lawyers who at the same time were appearing before him for adjudication, etc, are currently being handled by the NJC and would be filed in court after the NJC has made its decision on them.”

    Responding to a question, the top source said: “We must not miss the point that EFCC is also a petitioner against the suspended CJN.

    “After carrying out an extensive investigation, some of the findings submitted by the Commission are truly shocking.

    “For instance, there are findings to the effect that the CJN allegedly received a Mercedes Benz car and dollar cash deposits from Joe Agi, appearing, who is a Senior Advocate.

    “Worse still, the CJN is shown to have received cash gifts directly into his bank accounts from several other senior advocates.

    “These implicating cash transactions were going on, in dollar and Naira, even up to 2017 and 2018.

    “Even as the world eagerly awaits the decision of NJC on these matters, it is pertinent to emphasize that the conclusion of the cases before the CCT and NJC is not likely to be the end of the matter. Criminal charges are still to be filed in court.”

  • In the temple of justice?

    WHEN a man who is trained to weigh every word he utters decides to speak out loud about a menace, he deserves full attention. As Supreme Court Justices and the law lords in Nigeria filed out to mark the 2018 Legal Year, the man on the dais, Chief Justice Walter Onnoghen, the Chief Justice of Nigeria (CJN) made no mistake in calling attention to a serious problem that could tarnish the image of the judiciary if not checked on time. He disclosed that some lawyers desperate to be admitted into the inner Bar as Senior Advocates of Nigeria (SAN) had been caught doing the unthinkable – altering court documents with a view to receiving favourable consideration.

    It is a classical example of a circumstance when it could be said, “if gold rusts, what would iron do.” The SANs are considered great legal minds who had attained a great height in the profession. They are expected to have displayed their brilliance in advocacy, knowledge of the law and decorum over a period not less than a decade, and appeared before their lordships up to the Supreme Court. Many are qualified in meeting the basic criteria, but few are chosen every year. The silk wig they wear, the privilege of having their cases accorded priority attention and the huge fees they are licensed to charge are not lost on other lawyers who cannot wait to make the mark.

    It is, however, unbelievable that such desperation could push some of these men and women otherwise regarded as honourable to forge court papers even in this season when forgery has become commonplace. As Justice Onnoghen has promised, we call on all concerned to grant the cases uncommon attention. This is one case when the wheel of justice must not be allowed to grind too slowly. The investigation authorities should realise that all eyes are on the judiciary and the bar to see how the matter would be handled.

    When justices were hauled before courts by the security agencies, many were up in arms that the dignity of a hallowed arm of government was being unduly dragged in the mud. Many of such cases, some involving serving justices of the Supreme Court, have since been struck off on technical grounds. In other cases, based on petitions, the National Judicial Council (NJC) found it convenient to quietly ease out corrupt justices. This is an opportunity for the judiciary to show it could live above board.

    The Attorney-General of the Federation owes the bar and the general public a duty to show that crime, when it involves prominent lawyers, is not compromised. Earlier in the year, a Senior Advocate of Nigeria was jailed, having been found guilty of failing the society. This is the way to go. There are others who, perhaps influenced by filthy lucre, placed the interest of their clients above the national interest. When lawyers and judges begin to live by example, other members of the society will realise the need to walk within bounds.

    We call on the CJN as chairman of the NJC, the Federal Judicial Service Commission and Legal Practitioners Privileges Committee to initiate wide ranging reforms that would restore the honour and integrity of all involved with the judiciary. Those saddled with the task of training and mentoring new and young lawyers should emphasise that they are officers of the temple of justice and should, therefore, live up to expectation at all times. Those found to have tampered with the law of the land or ethics of the profession deserve to be visited with severe sanctions.

    It is often said that the courts are the last hope of the common man. Urgent steps ought, therefore, to be taken to restore the hope of the public in the institution.

    Only the best should be allowed a place on the bench or the inner bar. Details of the infractions and crimes the CJN alluded to should be made public after due investigations and diligent prosecution instituted. Neither the bar nor the bench should be turned into a safe place for criminals.

  • Shun corruption, CJN warns SANs

    The Chief Justice of Nigeria (CJN) Justice Walter Onnoghen on Thursday warned Senior Advocates of Nigeria (SANs)  lawyers not to dabble in corrupt practices.

    Onnoghen decried misconduct of some senior lawyers which had brought disrepute to the profession.

    He spoke in Lagos Thursday at the maiden annual lecture of the Body Of Senior Advocates Of Nigeria (BOSAN).

    Onnoghen said: “I urge you all to shun corruption and avoid all forms of misconduct, because if one is not qualified to wear silk as a judicial officer, he remains unqualified to wear same as a Senior Advocate of Nigeria.”

    Guests at the event included retired Supreme Court Justice, Justice Emmanuel Ayoola, former Attorney-General and Minister of Justice Chief Bayo Ojo, Nigerian Bar Association (NBA) President Abubakar Mahmoud, first female SAN Chief ‘Folake Solanke among others.

    The CJN berated SANs who disrespect judges, advising them to change their ways.

    Read Also: CJN urges new Justices to be courageous

    He said: “We feel so big, in fact, the way some of you address the Bench, you look down on the judges. Yes, it’s the truth. Let’s talk to each other man to man. You look down on the judges.

    “…because you have continued in private practice – some branched out – and you become a Senior Advocate of Nigeria, you think by virtue of that of that position, the other one no longer has any grey matter in his head. I don’t think you are thinking right. No, it can’t be so.”

    According to him judges, particularly at the Supreme Court level, were nearly being worked to death.

    Onnoghen said: “Look at the job of a judge, particularly with political matters all over: nobody wants to do justice to his fellow human being except it goes to court. Even when it gets to court, you are not ready to accept what the court says, whatever the court says, it must have been compromised one way or another.

    “So, you create these problems and we are there, like these election matters, they have started already, pre-election matters, disputes about (party) congresses all over the place. Good! They will come back to the judicial officer and we’ll work, like at the Supreme Court, we work and we’re almost dropping dead.”

  • NBA election: SANs back Okafor

    Some Southeast Senior Advocates of Nigeria (SANs) have endorsed Chief Arthur-Obi Okafor (SAN) as their candidate for July’s Nigerian Bar Association (NBA) election.

    The SANs, after a meeting in Enugu, resolved to throw their weight behind Okafor.

    A resolution by the group and signed by Chief Anthony Mogboh (SAN) reads:  “Whereas on Saturday February 3, 2018, the Eastern Bar Forum ( EBF)  which encompasses all branches of the NBA in Eastern Nigeria, in their resolution adopted  Chief Arthur Obi Okafor (SAN) as its candidate for the post of  President of the NBA in the July 2018 elections.

    “Now the Southeast Senior Advocates of Nigeria at its meeting held on April 3, 2018,  at the residence of Chief Anthony Mogboh (SAN),  being bound by the resolution of the EBF, hereby resolve and adopt Chief Arthur Obi Okafor  (SAN) as their candidate for the post of President of the NBA  in the election that will take place in July 2018.”

    Okafor is a litigation lawyer with a large clientele from various walks of life. He has concluded many high-profile and contentious civil and criminal litigations, cutting across diverse areas, including election petitions, land matters, receivership, company proceedings etc.

    He is the Chairman of the Administration of Criminal Justice Reform Committee of the Nigerian Bar Association (NBA).

    He is also an Assessor with the Delta State Multi-Door Court House for listing Arbitrators, Mediators and Conciliators.

    A lover of sports, he is the sole sponsor of Eastern Bar Forum Unity Football Tournament, which has attracted participation among the various branches of the nine states that make up the forum. He is the Chairman of Royal Court Academy and Royal Court Football Academy.

     

  • Sagay, SANs: Senate’s directive to remove Magu illegal

    Sagay, SANs: Senate’s directive to remove Magu illegal

    Senior lawyers Tuesday said the Senate lacked powers to direct Acting President Yemi Osinbajo to remove the Acting Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu.

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay, constitutional lawyer and renowned legal author Sebastine Hon and Chief Emeka Ngige, all Senior Advocates of Nigeria, said the Senate’s demand was illegal.

    Sagay said the Senate should be ready to bear the consequences of bringing government to a halt should it make good its threat to suspended all confirmation of appointments until compliance with its resolution.

    He accused the Senate of trying to usurp the President’s powers on appointment.

    Besides, Sagay said the provision in the EFCC Act that the commission’s chairman’s appointment was subject to Senate confirmation was invalid for being inconsistent with the Constitution.

    The eminent professor of law said: “This is a Senate that does not realise that it is part of the legislature and not an executive body. And they want to do both the legislative and executive work together, which will totally eliminate the principle of separation of powers. That’s the sort of people they are. They’re legislators, but they’re hungry to be the executive body.

    “If they threaten to bring government to a halt, they will bear the responsibility and consequences that will arise. Let them be ready to take the consequences of their actions.

    “In fact, it may be good for this country for them to expose themselves like that and let the country know the people who constitute a problem to good governance in Nigeria.”

    Sagay said the Senate lacks the powers to direct Osinbajo to remove Magu.

    “How can they say he should remove somebody? That is an executive power. The Constitution empowers the President to appoint the chairman of EFCC and other such agencies directly.

    “So, if they’re uncomfortable with the fight against corruption and feel threatened by a man who is upright, committed and will not be distracted from doing his job, if they’re not comfortable with that, it’s unfortunate. But nobody is going to listen to them as far as that is concerned.

    “If they want to indulge in the misadventure and danger of bringing government to a halt, then on their head will be the consequences,” Sagay said.

    On the provision of Section 2 (3) of the EFCC Act that the commission’s chairman’s appointment was subject to Senate confirmation, Sagay said it was not binding.

    The section reads: “The Chairman and members of the Commission other than ex-officio members shall be appointed by the President subject to the confirmation of the Senate.”

    On why the section is invalid, Sagay said: “It is invalid because it is in conflict with the provisions of the Constitution.”

    Ngige described the Senate’s demand as “ill-advised”, adding that threatening the executive amounted to arm-twisting.

    He urged the lawmakers to approach the Supreme Court for determination of the issue.

    Ngige said: “I think the action is ill-advised. The issue in contention is the correct interpretation of section 171 of the 1999 Constitution as it pertains to whether senate confirmation is required for certain class of political office holders.

    “My take is that the Senate should invoke the original jurisdiction of the Supreme Court on the issue and get a final and definitive pronouncement on the matter.

    “I think what the senate resolved to do by going on strike, as it were, is undemocratic and tantamount to arm-twisting the executive.

    “In my view, the issue of judicial interpretation of Section 171 of the Constitution is highly recommended because either side can win if tested in the apex court.

    “The matter should not be personalised on the status of Magu after his failed confirmation hearing.”

    Hon also believes the Senate lacks constitutional powers to compel Osinbajo to remove Magu.

    He said: “The powers of the National Assembly are, by sections 4 (1), 58 and 59 of the Constitution, limited to lawmaking.

    “Not even sections 88 and 89 of the Constitution, which provide for oversight functions of the National Assembly, imbue the Senate with such powers – since those provisions have nothing to do with a person expressing a personal opinion on an issue.”

    He argued that if the Senate was aggrieved, it could go to court and not resort to grandstanding, which would needlessly heat up an already charged polity.

     

     

  • Coup not in military’s best interests- SANs

    Coup not in military’s best interests- SANs

    Two Senior Advocates of Nigeria, Yusuf Ali and former Edo State Attorney-General, Chief Charles Uwesuyi-Edosomwan Wednesday said the army’s reassurance that there would be no coup was welcome, but the matter should not end there.

    Ali warned that a coup was not even in the best interests of the Armed Forces, besides its negative consequences on democracy and development.

    He urged those floating the idea of a coup to jettison it.

    Ali said: “It’s not even in the interest of the Armed Forces to intervene in democratic governance. First, it’s not fashionable anywhere in the world for anybody to take over government other than in accordance with the Constitution.

    “Secondly, our experience has shown that military rule has retarded our overall development.

    “Thirdly, it also retarded the growth of the Armed Forces as a professional body.

    “Fourthly, it led to the truncation of the careers of so many officers, either by death of by dismissal. And of course, it’s a traumatising experience for Nigerians. It doesn’t make for progress.”

    Uwesuyi-Edosomwan said the matter should not end with the army saying there was no coup plot.

    Those behind the plot should be tried, he said.

    “One is a bit disturbed about murmurings regarding a restive military. The military must be subjected to civil rule and any act of revolution or coup is treasonable,” he said.

    According to him, the last thing Nigerians need at this time is a rumour of a coup when the president is recovering from an ailment.

    “Whoever is involved or is thinking about a coup should banish the thought. Depending on where the coup is coming from, it will result in untold consequences in terms of system of governance, and there will be far-reaching consequences on our economy,” he said.

    On the DHQ’s no-coup statement, he said: “I endorse entirely. They should go further to fish out the people involved and publicly try them.”

    Uwesuyi-Edosomwan added that Nigerians would not accept a “backward military government” despite the shortcomings and challenges of democracy.

     

  • Edo poll: 110 lawyers storm tribunal 

    Edo poll: 110 lawyers storm tribunal 

    …Pre-hearing session fails to hold

     

     

    A total of 110 lawyers including Senior Advocates of Nigeria Thursday stormed the Edo State Election Petitions Tribunal as legal fireworks began in the petition filed by Pastor Osagie Ize-Iyamu and the People’s Democratic Party against the outcome of the September 28 governorship election.

     

    Besides the over 100 lawyers present at the court, hundreds of supporters of both the APC and the PDP were at the court premises to show solidarity.

     

    There was commotion after the court sitting as suspected thugs loyal to both the PDP and the APC chanted anti-party songs.

     

    Three of the party sympathizers were injured as one of them was axed on the head and he was rushed to a nearby chemist shop for treatment.

     

    Former governorship candidate of the New Nigeria Peoples Party, Mr. Frank Ukonga, said he lost his phones, money and vital documents after he was attacked by suspected thugs.

     

    Ukonga appealed to security agencies to ensure that thugs were not allowed to the court premises in future sittings of the tribunal.

     

    However, the tribunal Thursday failed to begin pre-hearing session of the petition filed by the PDP and Pastor Ize-Iyamu.

     

    Pastor Ize-Iyamu, who trailed behind Obaseki in the election with  253,173 votes, is asking the tribunal to declare him winner of the election.

     

    Lead Counsel to Ize-Iyamu and the PDP, Adebayo Adeladun, had earlier informed the tribunal that he was prepared for the pre-hearing session but lead Counsels to the APC and Obaseki, Adeniyi Akintola and Ken Mozia said they were not informed about the pre-hearing session.

     

    Both Mozia and Akintola said they have applications that must be heard before the pre-hearing session.

     

    Akintola said there was need for the tribunal to hear all applications before the pre-hearing session commenced while Mozia said his application is to summarily terminate the petition.

     

    In his applications, Mozia requested for orders of the tribunal to dismiss the entire petition as well as strike out some paragraphs in the main petition.

     

    Adeladun in his application is asking for an application striking out certain paragraphs in Obaseki’s response to the petition as well as a declaration that Obaseki’s application was not mature for hearing.

     

    Counsel to the Independent National Electoral Commission (INEC) Mr. Onyebuchi Ikpeazu, told the tribunal that INEC was not aware that pre-hearing session was scheduled for yesterday sitting.

     

    He said they were not in the court for pre-hearing because the commission did not receive any information to that effect.   

     

    Chairman of the three-man panel, Justice Ahmed Badamasi, held that yesterday’s sitting was not fixed for pre-hearing session.

     

    Justice Badamasi fixed December 7, 2016 to hear all pending applications and gave the counsels time limit within which to file and respond.

     

    Mozia also informed the tribunal that the PDP and its candidate were carrying out scanning of ballot papers without the representatives of APC and Obaseki.

     

    He said continuous scanning of the ballot papers without respondent’s representatives was a breach of the tribunal earlier order that all parties must be present. 

     

    Chief Akintola supported Mozia saying they were not notified.

     

    But Adeladun told the tribunal that the respondents want to frustrate his client’s effort at scanning the ballot papers.

     

    The tribunal chairman said that its earlier orders were in order adding that no party should be excluded.

     

    Caption: An injured supporter of the PDP at the election petition tribunal premises Thursday.