The Nation Newspaper

Tag: Supreme Court

  • Supreme Court to determine Industrial Court’s powers

    The Supreme Court will on June 30 decide whether the decisions of the National Industrial Court of Nigeria (NICN) are appealable to the Court of Appeal.

    Besides, it will determine whether such appeals are restricted to only issues of fundamental rights as contained in Chapter IV of the 1999 Constitution (as amended).

    It fixed the date after a full panel of justices presided over by Justice Mary Peter-Odili heard arguments from parties.

    The Court of Appeal, Lagos Division had in 2014 referred to the Supreme Court the appeal in Mainstreet Bank Ltd  (now Skye Bank Plc) vs Victor Anaemen Iwu  seeking a resolution of the substantial question of law on finality of decisions of NIC.

    The Skye Bank appeal was consolidated with another related appeal – Coca-Cola Nigeria Limited VS Mrs. Titilayo Akinsanya in which the Court of Appeal, Lagos Division, in 2013 – held that there was no general right of appeal for a litigant against the decision of the NICN except as limited in Section 243(2)-(4) of the 1999 Constitution (as amended).

    It is believed that the Supreme Court decision will resolve the controversy and conflicting decisions by the Court of Appeal in various divisions.

    It was learnt that no fewer than 100 appeals are awaiting the Supreme Court decision.

    The conflicting decisions of the Court of Appeal arose mainly in their interpretation of Sections 240 and 243 (1-4) of the 1999 Constitution (as amended) by the Third Alteration Act of 2010.

    The Third Alteration had promoted the National Industrial Court (NIC) from the status of an inferior court to a superior court of records having the same powers as a high court.

    Section 240 of the Constitution (as amended) listed the NIC as one of the courts from which an appeal can lie from their decisions to the Court of Appeal.

    Section 243(2) granted a right of appeal to litigants in matters relating to fundamental rights connected to the jurisdiction of NIC as of right, but section 243(3) provides that “An appeal shall only lie from the decision of the National Industrial Court to the Court of Appeal as may be prescribed by an Act of the National Assembly …” while Section 243(4) then provides that “…the decisions of the Court of Appeal on appeals on the civil jurisdiction of the National Industrial Court shall be final”.

    On February 13 and 15, 2013, the Court of Appeal sitting at Ado-Ekiti Division decided four cases in which it held that the NICN is not a final court and that its decisions were appealable to the Court of Appeal.

    However, the Court of Appeal Lagos Division, in a July 4, 2013 judgment in the case of Coco-Cola (Nig) Ltd vs. Akinsanya (2013) 18 NWLR (pt. 1386) 225 held that until the National Assembly passes a law granting  litigants right of appeal with leave, that the right does not exist.

  • Supreme Court voids sack of Customs chief

    Supreme Court voids sack of Customs chief

    …Orders reinstatement of Comptroller Gusau

     

    The Supreme Court has set aside the compulsory retirement of Comptroller Abdullahi Gusau from the service of the Nigerian Customs Service (NGS).

    The court, in a unanimous judgment of a five-man panel, ordered the immediate reinstatement of Comptroller Gusau, who was retired o December 21, 2009 by the NGS’ management allegedly on the directive of the Finance Minister.

    Justice Ejembi Eko, who read the lead judgment in an appeal marked: SC/491/2014, said Gusau was wrongly retired.

    The judgment, copy of which The Nation obtained Wednesday, was delivered on April 7.

    The relationship between Gusau and the NCS was with statutory flavour and not that of ordinary master-servant in which the servant holds his employment at the pleasure of the master.

    Justice Eko upheld the July 11, 2014 judgment of the Court of Appeal in appeal marked: CA/A/248/2013, voiding Gusau’s premature retirement.

    Other members of the panel included the Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, Musa Dattijo Muhammad, Kudirat Kekere-Ekun and Sidi Dauda Bage.

    NCS was said to have retired Gusau on the ground that he stayed more than 10 years in a rank.His mates then are now Deputy Comptrollers General (DCGs), while others have since retired as DCGs two years ago.

    Gusau challenged his retirement at the Federal High Court in Abuja, but lost. He appealed to the Court of Appeal, which reversed his retirement and ordered his reinstatement.

    The NCS, the Comptroller of Customs, the Minis of Finance and the NCS Boa appealed to the Supreme Court, an appeal which the appex court dismissed in the April 7 judgment.

    Gusau, who was elated about the judgement, claimed that he was unceremoniously retiredfour days after he uncovered over N1.3 billion fraud via online audit through the Single Good Declaration (SGD) when he was Comptroller Post Clearance Audit ( PCA ) NCS HQ.

    H said the fraud was uncovered in only 20 SGD while hundreds of SGD were generated daily.

    Gusau said he wrote a report on the alleged fraud on December 17th and was retired on December 21, 2009.

  • Supreme Court voids Customs chief’s sack

    The Supreme Court has set aside the compulsory retirement of Comptroller Abdukkahi Gusau from the service of the Nigerian Customs Service (NGS).

    The court, in a unanimous judgment by a five-man panel, ordered the immediate reinstatement of Gusau, who was retired on December 21, 2009 by Customs authorities allegedly on the directive of the then Minister of Finance.

  • Supreme Court upholds man’s death sentence for murder

    The Supreme Court on Wednesday upheld the death sentence passed on a man, Asuquo Okon Asuquo, for killing a neighbor, Andong Bassey Andong, over a boundary dispute in their compound.

    Asuquo was arraigned before the Cross River State High Court in Calabar for killing Andong on August 21, 2006.

    The deceased’s wife gave an eyewitness account of how Asuquo, armed with a machete, inflicted wounds on Andong, who died while she was taking him to the hospital.

    The prosecution said Andong tried to escape, but fell in front of the Presbyterian Church near his house, where Asuquo caught up with the deceased and attacked him.

    The state, through its counsel, Ade Oyebanji, called four witnesses, including a neighbor, who saw Asuquo running away with the machete in his hand after the attack.

    Asuquo denied the offence, saying he was not at the crime scene, but the High Court found him guilty of murder and sentenced him to death by hanging.

    The Court of Appeal upheld the death sentence, following which the convict appealed to the Supreme Court.

    In a verdict delivered by Justice Kumai Bayang Akaahs, the apex court upheld the decisions of the High Court and Court of Appeal.

    The Supreme Court dismissed the appellant’s arguments that there were inconsistencies and contradictions in the evidence against him.

    “There is nothing in this appeal that was not adequately addressed in the court below. The appeal lacks any redeeming features for it to succeed.

    “This is a murder that was dastardly executed by the appellant against the deceased who did not bargain for what befell him.

    “The appellant was rightly convicted of the murder of Andong Bassey Andong and appropriately sentenced to death. I find no merit in the appeal and it is hereby dismissed.

    “The conviction and sentence of the appellant by the High Court of Cross River State, Calabar which was affirmed by the Court of Appeal in Calabar is further affirmed by this court. Appeal is dismissed,” the Supreme Court held.

  • Supreme Court sacks Anambra PDP Rep

    Supreme Court sacks Anambra PDP Rep

    THE Supreme Court has sacked Sopuluchukwu Ezeonwuka of the People’s Democratic Party (PDP), representing Orumba North/South Federal Constituency of Anambra State in the House of Representatives. A five-man bench of the court, in a unanimous judgment yesterday, held that Ezeonwuka was not the winner of the party’s primary held before the last National Assembly election in his constituency.

    Justice Kudirat Kekere-Ekun, who read the lead judgment, ordered the replacement of Ezeonwuka with Ben Nwanwko, who won the primary. She noted that Nwankwo’s name was wrongly substituted with the first respondent (Ezeonwuka) after he (Nwankwo) had obtained the nomination of the party to contest the National Assembly election. Justice Kekere-Ekun said: “In conclusion, having resolved the key issues in favour of the appellant, the appeal succeeds and it is hereby allowed. “The judgment of the court of appeal delivered on June 26, 2016 is hereby set aside for being a nullity, the court having exceeded its jurisdiction by granting relief not sought by the parties before it. “This follows that the judgment of the Federal High Court, Abuja, delivered on February 20, 2015 was delivered without jurisdiction and it’s a nullity. It is equally set aside.

    “The Originating Summons filed on December 15, 2014 in FHC/ABJ/CS/1013/2014 is hereby struck out out. “The consequence of the above order is that the parties shall reverse to the statusco ante. “The existing position, before the first respondent (Ezeonwuka) filed a suit at the trial court, was that not only was the appellant’s name submitted to INEC for the March 28, 2015 election, he won the election. “It was at the point of being issued the Certificate of Return that he was confronted by a letter conveying the order of the trial court stopping that action. “In the circumstances, it is hereby ordered that the appellant, Chief Ben Nwankwo, being the candidate duly sponsored by the PDP in that election, is entitled to be issued with the certificate of return.

    “The Second respondent (INEC) is hereby ordered to issue Chief Nwankwo a certificate of return in respect of the election National Assembly election held March 28, 2015 forthwith. “The first respondent (Ezeonwuka) is hereby ordered to vacate the seat of the Orumba North/South Federal Constituency of Anambra State in the national assembly forthwith. “It is further ordered that Ezeonwuka shall refund to the national assembly all monies collected by him by way of salaries and allowance since he took the seat within 90 days. “And finally, a fine of N500,000 is awarded in favour of the appellant against the first respondent,’’ Justice Kekere-Ekun said.

  • Constant crisis in the Supreme Court

    Crisis is not new to the Supreme Court in Nigeria.      From inception, there has always been one crisis or the other, in that court.

    In 1958, the incumbent Chief Justice of the Federation, Justice Stafford Foster Sutton was to retire. He had earlier served as Attorney General of Kenya from 1944-1948 and served also as attorney General of British Malaya from 1948-1950.

    The expectation was that his number two man, Justice Samuel Olumuyiwa Jibowu(1899-1959) was to succeed him. Justice Jibowu was at that time the first Nigerian to be serving in the supreme court of Nigeria. He had rich credentials. He was called to the Bar in 1923 at middle temple in London. At a time, his father was the Secretary of the Egba nation. In fact if you look at the Nigeria Legal Practitioner’s enrollment list, you will see that Olumuyiwa Jibowu who was sworn in on August 8 1923 was lawyer Number 69 while Justice Adetokunbo Ademola who was enrolled on September 10 1934 was lawyer Number 121 while Chief Obafemi Awolowo(1909-1987) who was enrolled on December 24 1946 was lawyer 168 in Nigeria. He had a brother, Sunbo Jibowu, who was a Politician, father of Kayode Jibowu, who later became Chairman of Ikoyi Club between 1988-1990 before handing over to Mr. Yanju Scott, who served between 1990-1992. But Justice Jibowu was never ap9pointed Chief Justice. Instead Justice Adetokunbo Adegboyega Ademola (1906-1993) was appointed Chief Justice on April 1 1958.

    A petition was written against Justice Jibowu that he made a political statement and therefore was not fit to be Chief Justice.

    When I was Press Secretary to three Military Governors in Ondo state (now Ekiti and Ondo states) between 1986 and 1991, his spouse Lady Deborah Jibowu who later became Chairperson of one of the Government Agencies usually visited me in my office and she told me expected great stories of her husband. Ten months after Justice Adetokunbo Ademola became Chief Justice, Justice Jibowu died on June 1 1959. A street in Yaba, Lagos not far from WAEC office is named after him.

    The expectation was that Chief Theophilus Owolabi Shobowale Benson (1917-2008) pioneer Minister of information in Nigeria, who was lawyer Number 190 and enrolled on September 9 1947 like Chief Victor Babaremilekun Adetokunbo Fani Kayode(1921-1995), would tell his own side of the story in the saga. He never did till he died in the early hours of February 13 2008.

    In 1972, Sir Adetokunbo Ademola gave notice of retirement, General Yakubu Gowon quickly set in motion efforts  to pick a candidate to succeed him. There is an office then in Lagos Island. It lies between Strachan street and Moloney streets. Though in ruins now, diliapidated and abandoned following movement to Abuja. That office was then called cabinet office. It once served as the office of the Prime Minister. It used to be the most powerful office outside of then Dodan Barracks. It was called the heartbeat of Government. All appointments and decisions pass through that office. It was in short the clearing house. That was then.

    Outstanding civil servants including Alhaji Yahaya Abubakar, Alhaji Baba Gana Kingigbe, Mr. Buka Usman, Alhaja Lateefat Modupeola Okunnu,Bisi Oguniyi, Ambassador Olu Otunla, ambassador Oladapo Fafowora, Mr. C.O. Lebi, Ambassador Olu Adeniji, Dr. Patrick Dele Cole, Alhaji Shehu Musa, Kabiyesi Festus Ibidapo Adesanoye, the late Osemawe of Ondo, Eniolorunda Ojumu, Samuel Olu Adekunle, Olusegun Olujimi Ologunebi Ogunkua, Eddy Ugbodaga, Prince Kola Adeyemi,Prince Samuel Arieoukuoba Igbinoghouau Akenzua,(1917-2016),who later became the Oba of Benin,Tunde Kamiliu Kasali,Ambassador Olu Abiola,Chief Grey Longe and others once worked in that office.

    At the time Justice Ademola gave notice of retirement, the office was headed by Alhaji Umaru Sanda Ndayako(1937-2003), a schoolmate of General Yakubu Gowon in Barewa College Zaria,founded in 1921 by British Governor General, Sir Hugh Charles Clifford (1866-1914)but was originally known as Katsina College.

    Alhaji Ndayako, who later became 12th Etsu Nupe expectedly, submitted the profiles of serving Justices of the Supreme Court to General Gowon for consideration. General Gowon looked at the list, skipped it and did the unthinkable. He appointed Dr. Taslim Olawale Elias (1914-1991) as Chief Justice of the Federation.

    At the time of the appointment, Dr. Elias was not serving as a Justice of the Supreme Court. He was the first Attorney General and Minister of Justice and later Dean Faculty of Law, University of Lagos. He was Lawyer Number 308 and enrolled on December 15 1951. The appointment shocked many. The argument then was not that Dr. Elias was not qualified, but that he was not a serving Justice of the Supreme Court although he was the incumbent attorney General of the Federation.

    On July 29 1975, while away at the Organisation of African Unity meeting in Kampala, Uganda, General Murtala Ramat Mohammed (November 8 1938- February 13 1976) toppled his school mate and senior in Barewa College, General Yakubu Dan Yuma Gowon (83). One of the first things he did was to fire Justice Elias as the Chief Justice of the Federation. He too did the unthinkable and appointed a non-Nigerian, Justice Arthur Darnley Alexander (1920-1988) as Chief Justice. Justice Alexander was born in Casteries, St. Lucia in the West Indies in the Caribbean. He served as a crown counsel and legal draftsman in Jamaica and as a magistrate in Turks and Caicos Islands. He came to Nigeria in 1957 on the invitation of the premier of the Western Region, Chief Obafemi Awolowo who had appealed to the Colonial Office in London to help source a legal draftsman; Alexander then served the region in various capacities. He was Legal Draftsman, Western Region, Nigeria from 1957-1969 and was acting Director of Public Prosecutions in 1958. In 1960, he was appointed the Solicitor General and Permanent Secretary of the regional Ministry of Justice and in 1963; he was made Queen’s Counsel. In 1964, he was appointed a judge in the Lagos High Court. In 1964, the then Premier of Mid-Western region, Chief Dennis Chukwudi Osadebe (1911-1994) appointed him to head the Owegbe court tribunal which was targeted at the deputy Premier of the region, Chief Humphrey Omo-Osagie(1896-1977) who was eventually cleared of any wrong doing.

    He was appointed Chief Justice of the South Eastern State now Cross River and Akwa Ibom states. At the time he was appointed as Chief Justice of the Federation, there were more than twelve serving Justices of the Supreme Court who were his seniors.

    Justice Salihu Modibbo Alfa Belgore (80) has the shortest tenure, so far, as the Chief Justice of Nigeria since independence. He was the tenth Chief Justice of the Federation. He served between July 2006 and January 2007—barely six months. His predecessor Justice Muhammed Lawal Uwais retired on June 12 2006 .

    The nearest to him is Justice Dahiru Musderphar (74), a close ally of General Sanni Abacha, who served between August 21 2011 to July 16 2012. But Justice Belgore was not to be the Chief Justice but for a  peace meeting initiated by President Olusegun Obasanjo with Justice Uwais, Justice Belgore, Major General Abdullahi Muhammed(rtd.) then Chief of Staff to the President and the then Secretary to the Government of the Federation, Chief Ufott Ekaette,in May 2006 in the Villa. It was after the meeting that the National Judicial Council finally submitted Justice Belgore’s name via President Obasanjo to the Senate, presided then by Senator Ken Ugwu Nnamani(68).

    The calculation then was that why make Justice Belgore Chief Justice when he has only six months to serve. He fought back like wounded lion with all his contacts insisting that if only for one day, it was his right to be Chief Justice.That is all I will say on this issue for the moment.

    We should not forget also that Justice Belgore is from one of the most powerful ten families in Ilorin like the Sarakis,Abdul-Razaks,Sulu Gambaris,Barajes,Onikijipas,Oniyangis,Idiagbons,Kawus, who are regarded as untouchable in that ancient city.

    As I said earlier, crisis is not new to the Supreme Court. Notwithstanding it must be acknowledged too that the National Judicial Council has been implementing necessary reforms within the Judiciary in the last sixteen months. The council should be commended and encouraged.

     

    • Eric Teniola, a former director at the presidency, stays in Lagos.
  • Why Judiciary is perceived as corrupt, by ex-Supreme Court Justice

    Why Judiciary is perceived as corrupt, by ex-Supreme Court Justice

    …Group seeks more access to court

     

    The perception in certain quarters that the nation’s Judiciary is corrupt is a fallout of the general misunderstanding about the operations of this arm of government, former Justice of the Supreme Court, Justice Olufunlola Adekeye (retired) has said.

    Justice Adekeye faulted the general categorisation of the Judiciary as a corrupt institution. She argued that by its nature as a very powerful arm of the government, it was to the detriment of any country that accepts the labelling of its judiciary as corrupt.

    The retired jurist spoke in Abuja Tuesday at the released of the second quarter report of court observations in the Federal Capital Territory (FCT) carried out by a group, the Rule of Law and Enforcement Initiative, also known as Partners West Africa – Nigeria (PWAN).

    Justice Adekeye, who praised the initiative by PWAN, said it will enhance the understanding of the operations of the Judiciary and improve public confidence in the court, because justice is rooted in confidence.

    “With this project, people can now have free accessibility to the court or the operations of the court. There is no secret about it. Members of the public will have access to the court and they will know what happens within the court system.

    “There will be no room for misunderstanding, and to be saying the Judiciary is corrupt. They will have that power to criticise or to pass comments that will help the Judiciary to improve its services,” she said.

    PWAN’s Programme Manager, Barbara Maigari, while presenting the report, noted that although there were improvements in the operations of courts in the FCT from when the first report was released last December, there was need to do more particularly in the area of free legal services.

    The report recommended, among others the need for electronic recording facilities in court to enhance efficiency; need for the National Judicial council (NJC) to provide time frame for when court must sit and for the prosecuting agencies to be diligent in their duties to prevent delay in criminal cases.

    Maigagri said her group’s exercise, under the theme: “Social accountability in the judicial sector project.” is intended to increase civil society’s access to government’s information as a tool to fight judicial corruption, enhance access to justice and expand the opportunity for citizen’s engagement with government.

    Chief Judge of the FCT, Justice Ishaq Bello said he was convinced that the PWAN’s project, which provides an outside perspective to the operations of FCT courts, will “help us take a critical look at our operations, from a deferent eye, to access our activities.”

    Represented by Justice U. A. Musali, Justice Bello said the activities by PWAN “will help the public understand us better and vice versa. It will build further understanding about the judicial process and the challenges we face.

    “We will look at the recommendations critically and make amend where necessary and eventually improve on our integrity and strengthen the judicial system,” Justice Bello said.

     

  • Babalakin: don’t appoint SANs to Supreme Court

    Babalakin: don’t appoint SANs to Supreme Court

    A Senior Advocate of Nigeria (SAN), Dr Wale Babalakin, yesterday faulted the proposed appointment of SANs and other lawyers to the Supreme Court.

    “Such a privilege is for very exceptional people, and there are very few around,” he told reporters.

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen had invited the Bar to nominate lawyers for appointment as Supreme Court justices, following which the Nigerian Bar Association (NBA) shortlisted nine persons, including six SANs.

    But Babalakin, who delivered the 10th memorial lecture in honour of Kehinde Sofola (SAN), said the legal system should rather be structured in a manner that only very gifted lawyers aspire to judicial appointment, adding that it is the only way to provide justice according to law.

    Babalakin believes lawyers who are appointed straight to the Supreme Court come once in a life time, and are of exceptional intellect.

    He said such appointments are not meant for “pedestrian advocates”, adding that it would kill the moral of brilliant judges at the lower bench.

    He said: “The fact that you are a good lawyer doesn’t necessarily mean you will be so exceptional as to be a Supreme Court Judge.

    “The protagonists of this proposal mentioned some names that have made it to the Supreme Court directly from the Bar. Dr Taslim Elias’s curriculum vitae speaks for itself.

    “Another judge that was appointed directly to the Supreme Court in another jurisdiction is Mr. Justice Jonathan Sumption. Jonathan Sumption took a first class degree in Medieval History from Oxford University.

    “These are the calibre of men who can make a claim to a direct appointment to the Supreme Court of any country. They come once in a life time.

    “This hop, step and jump is not meant for every pedestrian advocate who has nothing to show than a prolonged stay in the courts with relative lack of distinction.

    “If you are considered so gifted, an exception can be made for a few appointments to the Courts of Appeal where, if you now distinguish yourself, you can be given an accelerated promotion to the Supreme Court.”

    Babalakin spoke on the theme: The role of the legal profession in nation building: the Nigerian context.

    Recalling the judiciary’s ‘glorious years’, Babalakin, called to the Bar 35 years ago, said the law profession he knew growing up was very organised, cases proceeded on the dates they were scheduled for, there were hardly any adjournments, objections were raised and resolved immediately, and there was no adjournment to consider any interlocutory issue.

    He said judges were so knowledgeable and so versatile that lawyers knew they could not play any delay tactics, while criminal cases were disposed of within a month of commencing trial.

    Babalakin said judges were also well paid. According to him, in 1964, the salary of a High Court Judge in Western Nigeria was £3,400 per annum, higher than that of the Central Bank of Nigeria (CBN) governor, which was £2,700 per annum.

    The SAN said the military intervention in governance was “an unmitigated disaster in the development of the Nigerian legal system and the Legal profession,” adding that it culminated in the retirement of exceptional judges in 1975 without due process, a development he described as “the greatest set back to the legal profession”.

    On the way forward, Babalakin said the study of law must be made a serious business, with the improvement of the quality of teaching, which, to him, “is simply not good enough.”

    He said appointment to the Bench must be based on merit rather than federal character, as law is essentially a profession that requires very serious intellectual capacity.

    For instance, Babalakin said the current members of the Supreme Court of England are either graduates of Oxford University or Cambridge, while those of the United States Supreme Court are all graduates of America’s best universities.

    “These countries realise that you cannot place the judicial process in the hands of less qualified people. As I have often repeated, there is no difference between an incompetent judge and a corrupt judge. The effect of incompetence and corruption on the legal system is the same; that is injustice,” he said.

    On delays, Babalakin said frivolous adjournments must be discouraged, while courts must not adjourn any case for the convenience of counsel.

    The courts, he said, must be ready to proceed with matters.

    Prosecution of criminal cases, he added, should only take place after a very thorough investigation and review of the evidence by very seasoned legal practitioners, as, according to him, poor prosecution of cases have considerable negative effect on the legal system.

    On corruption in the judiciary, Babalakin said disciplining of judicial officers must be done in a very transparent manner.

    He called for a system that is capable of showing up an incompetent or corrupt judge “without much ado.”

    Activist-lawyer Femi Falana (SAN), who was a discussant, said unlike some senior lawyers, the late Sofola never associated with corrupt judges.

    He said the Bar has also not done enough to help ensure the observance of the rule of law.

    Falana recalled that the Nigerian Bar Association (NBA) under the late Alao Aka-Bashorun once boycotted the courts to force the military to obey orders.

    He said the NBA in recent times has been silent when the authorities violate the rule of law and abuse human rights.

    Falana said instead of advising governors to obey the laws or court orders, Attorneys-General advise them to disobey them because cases in court will not be decided during their tenures.

    “When you do that, you subvert the rule of law,” the SAN said.

    He also criticised SANs who adopt new delay strategies of endless cross-examination of witnesses, saying: “We need to call our colleagues to order before they destroy the judiciary.”

    Falana said everything must be done to restore faith in the judiciary,  adding that the public has lost confidence in it that traditional rulers and the police now resolve more cases than courts.

    The late Sofola had a celebrated legal career for over 50 years before he passed on in 2007 at 83.

  • Only Supreme Court can end PDP crisis, says Bode George

    Only Supreme Court can end PDP crisis, says Bode George

    Former Deputy National Chairman of the Peoples Democratic Party (PDP), Chief Olabode George yesterday said it is the Supreme Court that can settle the crisis in the party.
    At a news conference in Lagos, he said the political solution being proposed by the Beyelsa State Governor Seriake Dickson-led PDP Reconciliation Committee would not end the crisis.
    He said from the way the committee was going about its assignments, it would not achieve the desired results that could stand the test of time.
    George noted that the party was between survival and extinction, adding that the best way out of the logjam was to adhere to the party’s constitution.
    He said: “We must make a stand to confront the many maladies now confronting our party. We must be counted to be on the righteous and the redeeming side of history. We must take the hard and the most enduring choice.
    “We have derailed in a mournful way from the guidance, the nuance and the formative directions of our founding fathers. We have upturned and distort the normal building blocks and the structures of an orderly organisation.
    “The issue at stake now is: who is the rightful, legitimate and validly entrusted entity that the constitution of our party recognises to lead the party presently?
    “Ordinarily, there should not be a dispute on this matter if we are all correctly attuned to the constitutional guidance and the stipulations that are etched in our collective norms, in our practices and traditions.”
    He said that Senator Ali Modu Sheriff’s appointment in an interim capacity to carry on with the business of party administration, was to act as a stop-gap until a formal convention was organised.
    George added that Sherriff jettisoned the constitution and actively took part in the electoral process without recourse to due process.
    ” Our acting – chairman Senator, Sheriff came out to contest for the chairmanship position. He collected the nomination form, paid for the form, filled the form and submitted it to the appropriate election committee.
    “According to our electoral guidelines, Sheriff as an acting chairman was deemed to have vacated his seat as soon as he submitted himself for the nomination process at least seven days before the convention.
    “Had he been a substantive chairman, the guidelines stipulate 30 clear days for him to leave the position before the convention.
    “It would have been virtually unfair, indecent, crude and primitive for an incumbent chairman or any office holder for that matter who wishes to contest for an office to now sit in arbitrating supervision over the process of his own election! We can be sure of what the outcome of such illegitimate process would be.”
    The PDP chieftain explained that the Appeal Court pronouncement did not help the situation, noting that whatever the Supreme Court come out with would settle the matter.
    “The Appeal Court in Port Harcourt in a split decision has muddled the issue by ruling in favour of Sheriff.
    “There is indeed a lot about this ruling which ridicules rationality, which distorts and negates the norms and the fundamental articles of voluntary association.
    “The judges in their wisdom appear to be dictating, remolding and recasting the spirit, the tenets and the foundational principles that are the very structural pivot of party identity.
    “The judiciary is a very powerful tool in the stability and in the endurance of a democracy. It is the neutral arbiter that ensures the faithful interpretation of laws, resolved and established on principled purity that compels fairness, impartiality and strict adherence to the principles of equity,” George said.

  • Corruption probe: Police raid offices across Brazil

    Corruption probe: Police raid offices across Brazil

    Brazil’s federal police on Tuesday raided the offices of people close to several prominent senators in the latest phase of a sweeping, three-year corruption probe, according to authorities and local media.

    The police in a statement said 14 search and seizure warrants were issued by the Supreme Court based on information provided by executives of engineering conglomerate Odebrecht SA [ODBES.UL] in plea bargain deals tied to the graft probe,.
    According to the statement, the raids were carried out in the cities of Brasília, Maceió, Recife, Rio de Janeiro and Salvador.
    Neither the police nor prosecutors have provided details on the targets.
    Globo News TV said the investigation targeted people closely associated with Senate President Eunício Oliveira and Senators Renan Calheiros, Valdir Raupp and Humberto Costa.
    Oliveira, who is a key ally of President Michel Temer in his efforts to pass fiscal reforms, denied receiving illegal donations in his 2014 campaign for governor of Ceará, a northeastern state.
    “The senator is convinced the truth will prevail,” a statement issued by his lawyer said, commenting on the morning police raids.
    Senator Costa in a statement also said that he was confident that the raids would corroborate his defence.