Tag: Swearing in

  • ‘Swearing in of Imo deputy on hold’

    An Owerri High Court has refused to vacate the order restraining the Chief Judge, Paschal Nnadi, from swearing in the Deputy Governor-designate, Calistus Ekenze.

    The Attorney-General and Commissioner for Justice, Militus Nlemadim, at the resumed hearing yesterday, notified the court that he filed necessary processes to enable the court hear his application for vacation of the exparte order stopping Ekenze’s swearing in.

    He argued that the order, which was issued in July, would have been vacated because “it was not a perpetual order”.

    But lawyer to the impeached deputy governor, Ken Njemanze (SAN), accused Nlemadim of playing pranks with the court.

    According to him, Nlemadim only served him with processes of his application for vacating the order on Friday afternoon, knowing he could not reply the application ahead of yesterday’s sitting.

    Read also: You can’t return Imo to PDP, Okorocha replies Atiku

    Njemanze, therefore, urged the court to take notice of how Nlemadim is frustrating the hearing.

    He told the court the four respondents, who were yet to be served on the last adjourned date, had been served through substituted means as ordered by the court.

    But Nlemadim objected, saying the respondents were not served on time.

    Nlemadim said according to the law, the respondents ought to have been served at least seven days to the sitting.

    He said Njemanze served the respondents on August 16, which was not up to seven days, as required by law.

    Justice Benjamin Iheaka urged parties to serve one another before the next adjourned date.

    He ruled that the court could not entertain the originating summons or motion for the vacation of the order stopping the swearing in when all parties had not been served.

    Justice Iheaka adjourned till September 3 for further hearing.

  • Court stops swearing-in of new Imo deputy governor

    •Okorocha orders compliance with court order

    An Owerri High Court in Imo State has issued an interim order stopping the swearing in of former Head of Service (HoS) and Deputy Governor-designate Callistus Ekenze.

    In a statement yesterday in Owerri, the state capital, the Chief Press Secretary to the governor, Mr. Sam Onwuemeodo, said Governor Rochas Okorocha directed that the interim court order restraining the Chief Judge from carrying out the exercise be fully obeyed.

    The statement said: “The governor has insisted that the interim order be obeyed, not minding some issues raised by lawyers in the government against the order. The governor insisted that his administration must continue to obey valid court orders and (the order be) served on the government or agents of the government.”

    Announcing the governor’s directive after waiting for the swearing-in ceremony scheduled to hold at the Sam Mbakwe Exco Chambers in the Government House, the Attorney General and Commissioner for Justice, Miletus Nlemadim, said the state government had complied with a fresh order from Owerri High Court, which prevented the Chief Judge, Pascal Nnadi, from swearing in the deputy governor-designate.

    The commissioner said the state government was law-abiding and respected the rule of law, adding that it would obey the court order.

    He added that the state government would vacate the order to enable it swear in the deputy governor-designate on a future date.

    Nineteen members of the House of Assembly, on July 30, impeached former Deputy Governor Eze Madumere.

    This followed the submission, last Friday, of the report of the panel that investigated the allegations against him.

    The Assembly, thereafter, cleared Ekenze as the deputy governor-designate.

     

  • The imperative of appointing and swearing-in a substantive CJN (II)

    The imperative of appointing and swearing-in a substantive CJN (II)

    One-time Nigerian Bar Association (NBA) President WOLE OLANIPEKUN is of the view that President Muhammadu Buhari ought to have forwarded Justice Walter Samuel Nkanu Onnoghen’s name to the National Assembly for confirmation as the substantive Chief Justice of the Federation (CJN). The Senior Advocate of Nigeria (SAN) says the Constitution has no provision for acting CJN. 

    The bottom line is about the potency of our Constitution and the need for us to abide by it, and respect its spirit and tenets. Right from the appointment of Sir. Adetokunbo Ademola as the first indigenous Chief Justice of Nigeria in 1958, and through to 2014 when the Hon. Justice Mahmud Mohammed was appointed as the 14th  indigenous Chief Justice of Nigeria, change of baton at the Supreme Court had always been smooth and seamless. There had not been any interregnum; no appointment of acting Chief Justice, not even when the Hon. Justice S. M. A. Belgore was appointed as Chief Justice of Nigeria for about six months. It is apt to specifically reference the appointment of the last holder of the office of Chief Justice of Nigeria, in the person of Justice Mahmud Mohammed. While the NJC recommended his name to former President Goodluck Jonathan for appointment as substantive Chief Justice of Nigeria on October 29, 2014, the then President transmitted the recommendation to the Senate on November 12, 2014. On its part, the Senate confirmed the appointment on November 19, 2014, a day to the retirement of his immediate predecessor, the Hon. Justice Aloma Muktar. He was sworn in as the substantive Chief Justice of Nigeria on November 20, 2014, the very day Justice Muktar retired. Recently in Britain, the same scenario played out in the appointment of the Rt. Hon. Sir. John Thomas as the Chief Justice of England and Wales on October 1, 2013, following the retirement of the immediate past holder of that office, the Rt. Hon. Igor Judge on September 30, 2013, that is, barely a day after the retirement of the latter. Her Majesty, The Queen, made the appointment immediately following the advice of the Prime Minister, the Deputy Prime Minister and the Lord Chancellor, upon the recommendation of an independent selection panel chaired by Christopher Stephens, Chairman of the Judicial Appointments Commission.

    One is tempted to pose a very intriguing question, that is, if the nominee of the NJC is considered not fit and proper, in anyway howsoever, to be appointed as substantive Chief Justice under Section 231(1), why appoint him as an acting Chief Justice under Section 231(4)? This leads us to the inevitable consideration of Section 231(5) of the Constitution. By virtue of Section 231(5), appointment made under Section 231(4) shall cease to have effect after the expiration of three months from the date of such appointment, except on the recommendation of the NJC. It has earlier been submitted that having made its recommendation under Section 231(1) and forwarded same to Mr. President, the NJC has become constitutionally functus officio. Be it noted that Mr. President has not communicated with the NJC to give any scintilla of reason or excuse as to why the name of the person recommended by it under Section 231(1) has not been forwarded for confirmation. To the best of my knowledge as well, Mr. President has not expressed any reservation or communicated such to the NJC about the recommended candidate. Why then the suspense?

    An equally bemusing question stares us in the face, that is, why turn the office of Chief Justice of Nigeria to a game of musical chair? Why should we unnecessarily create a state of uncertainty and instability in the judiciary, particularly, at the highest level? Nature abhors vacuum, and the judiciary, like nature itself, detests a void. The judiciary anchors and sustains our democracy, and my research shows that globally, there is no judiciary that is being constantly called upon to adjudicate on and determine sensitive political matters like the Nigerian judiciary.

    If Nigeria as a country can rightly not afford the luxury of a vacuum in the office of President of Nigeria for one day, I submit with every respect and force, that we should stop toying with the idea of creating an avoidable, but dangerous vacuum in the office of Chief Justice of Nigeria. The judiciary is so sacred, central, unique, crucial, critical and pre-eminent to us as a nation, and we must do everything to safeguard its interest and protect its independence. Thus, all men of goodwill should join in the clarion call for the appointment of a substantive Chief Justice of Nigeria without any further delay!

  • Swearing in: Remo indigenes congratulate Amosun, Osibajo

    Swearing in: Remo indigenes congratulate Amosun, Osibajo

    Indigenes of Remo Kingdom in Ogun East senatorial district of Ogun State have congratulated Senator Ibikunle Amosun and Professor Yemi Osibajo, on their recent swearing in as the Governor of Ogun State and Vice President of the Federal Republic of Nigeria, respectively. Amosun and Osibajo, who contested on the platform of the All Progressive Congress (APC), won the April 11 gubernatorial and March 28 presidential elections respectively.

    The indigenes, under the umbrella of The Remo Group (TRG), also congratulated Ogun people for reelecting Amosun, saying they were not surprised by the decision of the electorate to return the governor for another term. In a release signed by Rukayat Olaitan and Omolola Oduyebo, TRG’s Secretary and Spokesperson respectively, the group said: “We congratulate you, Mr. Governor on your victory. With the giant strides you have recorded in our state since your assumption of office, particularly in the areas of roads, industrial development, education and infrastructural development, amongst others, you deserved another term in office.”

    “No doubt, as our state and the Federal Government are under the same political party, APC, we urge your Excellency to collaborate and synergise with the new government of General Muhammadu Buhari, and in particular with our kinsman, Professor Yemi Osibajo, who is an illustrious son of Remoland, to tap the manpower, natural resources, economic and industrial vantage positions which Ogun State occupies in the country.”

    They however pleaded with Amosun to take the ample advantage of his second term to consolidate on his programmes, strive harder and complete ongoing projects on time, particularly the massive road constructions in parts of the state, adding that doing this would erase the negative belief in some quarters that second term governors doesn’t record further development, but a licence to amass wealth at the detriment of the people and the state in general.

    The group described the emergence of Professor Osibajo in the presidency as a new dawn in Remoland and called on all sons and daughters of the ancient Kingdom to pray for and rally round the incoming administrations both in Ogun State and at the federal level, to ensure that the much sought development in the area is achieved.

    The release further said TRG has been at the forefront of the campaign and mobilisation for socio-economic and political emancipation of Remoland, because they believe that an area that produced the late sage, Chief Obafemi Awolowo, should not be backward in the scheme of things within Ogun State and in the country as a whole.