The Nation Newspaper

Tag: Walter Onnoghen

  • CJN shuns CCT, queries its jurisdiction

    The Chief Justice of Nigeria ( CJN ), Justice Walter Onnoghen did not attend today’s proceedings at the Code of Conduct Tribunal (CCT), scheduled for his arraignment on charges of non-declaration of assets.

    Wole Olanipekun (SAN), who led a team of lawyers for the CJN, said he was not properly served with the tribunal’s summons.

    He also said his client has filed an application, challenging the court’s jurisdiction. He asked that the application be taken without the CJN’s presence.

    Aliyu Umar (SAN), who appeared for the complainant, argued that the information by the tribunal’s registrar that the CJN directed his Personal Assistant to accept the summons on his behalf was sufficient.

    Read Also: Arraignment of CJN stalls judicial activities at FCT High court

    He, however, later suggested that the tribunal direct that a fresh service of the summons be effected personally on the CJN, a suggestion accepted by all.

    Tribunal’s Chairman, Danladi Umar ordered fresh service on the CJN and adjourned to January 22 for the hearing of al pending applications.

     

    Details later.

  • Onnoghen: Analysts say charge will change attitude, perception to rule of law

    Key analysts have said that the plan to arraign Chief Judge of Nigeria, Justice Walter Onnoghen, over alleged failure of assets declaration will change citizens perceptions and orientation about laws.

    A legal practitioner, Mr. Alieze Ekpa, said that people believed that positions, class and level of an individual would bring less effect of the law against them.

    Ekpa disclosed this to the News Agency of Nigeria (NAN) on Sunday in Abakaliki while reacting to the plan to arraign the CJN before the Code of Conduct Tribunal (CCT).

    The charges against Onnoghen also include operating bank domiciliary foreign currency accounts in some commercial banks.

    “No one is above the law. If he has gone contrary, the law should take it against him.

    “Lawlessness in the country is becoming too much,” Ekpa said.

    Another legal practitioner, Mr James Ude, said that effectiveness of regular court system was paramount and respect for the rule of law must be bedrock to change people’s orientation about the law.

    “If he has gone contrary, action should be taken to serve as deterrent to those who feel they are above the law.

    “We need to change our orientation and beliefs that president is doing this because of tribe,” Ude said.

    A political analyst, Mr Ikechukwu Nwonu stated that same charge should be accorded to those defaulting.

    “People need to change the ways they talk, behave, like and the earlier we do so the better to move Nigeria forward,” Nwonu said.

    NAN reports that the CJN will appear before the Justice Danladi Yakubu led- Code of Conduct Tribunal (CCT) in Abuja on six charges bordering on failure to declare his assets as required by law and for operating Bank Domiciliary Foreign Currency Accounts.

    The nation’s Head of the Judiciary is also accused of refusal to declare his assets in breach of the provision of the Code of Conduct Bureau Act.

    He is also being accused of maintaining domiciliary foreign currencies account which comprised dollars, pound sterling and Euro accounts which were alleged to be contrary to relevant laws, especially for public office holders. (NAN)

  • CJN urges judges to be courageous, firm

    CHIEF Justice of Nigeria (CJN) Justice Walter Onnoghen has urged judges to always be courageous and firm in taking decisions in the course of their official responsibilities.

    Onnoghen warned that the future of the country and its democracy were at risk where judges fail to take “very hard decisions”, when they are required to do so.

    The CJN hailed President Muhammadu Buhari’s exhibition of rare courage in consenting to the elevation of Justice Uwani Musa Abba-Aji to the Supreme Court from the Court of Appeal.

    Onnoghen spoke in Abuja yesterday while swearing in Justice Abba-Aji as a new Justice of the Supreme Court.

    Justice  Abda-Aji, who was until her elevation, the Presiding Justice, Court of Appeal,  Kaduna Division, spent 14 years in the court.

    She now raises the number of women at the Supreme Court Bench to four. Others are Justices Mary Odili, Kudirat Kekere-Ekun and Amina Augie.

    Onnoghen’s commendation of Buhari’s exhibition of courage is not unconnected with the controversy generated by the decision of the National Judicial Council (NJC) to nominate Justice Abba-Aji for elevation.

    Justice Abba-Aji was among some judges, who the NJC suspended in the wake of the pre-dawn raid on some judges’ houses in late 2016 by security operatives.

     

     

     

     

  • Senate panel parleys CJN over bills rejected by Buhari

    A Technical Committee set up by the Senate has engaged the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen over 17 bills passed by the National Assembly but to which President Muhammadu Buhari declined assent.

    President Buhari had, in a letter to the Senate, stated that he rejected the bills based on advice he received from the Chief Justice earlier in the year.

    Specifically, the committee sought clarifications from Justice Onnoghen over the nature of advice he offered the President to refuse assent to Judiciary Amendment Bill 2017, No. 22, which seeks to strengthen the judiciary for speedy dispensation of justice.

    In a question to the CJN, the chairman of the committee, Senator David Umoru (APC, Niger East) said, “Your Lordship, this committee on behalf of the Senate and by extension, the National Assembly wants to hear from you directly on why you advised the President refusing assent to the bill.

    “We believe that information made available to us via his letter of refusal to assent to the bills on account of advice given by your lordship is also available to you”.

    However, before the CJN could respond, the chairman of the committee ordered journalists and members of the CJN’s protocol team to leave the venue of the meeting.

    Consequently, journalists could not obtain the details of the CJN’s response, as the meeting.

    Attempts by journalists to get comments from the CJN after the meeting were fruitless as Justice Onnoghen declined comments.

    Read Also: CJN inaugurates new CCT member

    Also invited to the Senate committee hearing were representatives of the Governor of the Central Bank of Nigeria (CBN), Chairman of the Federal Inland Revenue Services (FIRS) and the Post Master General of the Federation.

    The meeting with the representatives was also held behind closed doors. Snippets from the meeting however indicated that discussions centred on how the rejected Stamp Duties (Amendment) Bill, 2018 can be redrafted and forwarded to the President for assent.

    President Buhari had, in another letter to the Senate, hinged his decision to reject the bill on the ground that it could impair the implementation of the Federal Government’s Financial Inclusion Strategy, e-payment programmes and cashless banking policies.

    The said bill proposed the imposition of stamp duties on savings accounts and electronic transactions.

    After the closed session, the chairman of the Senate technical committee hinted that the panel will meet with heads of other government establishments and the Attorney General of the Federation next week, to discuss how to revive the rejected bills.

  • 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.

  • CJN confirms Katsina-Alu’s death

    The Chief Justice of Nigeria, Justice Walter Onnoghen, has confirmed the death of one of his predecessors, Justice Aloysius Katsina-Alu.

    Katsina-Alu, who was CJN from December 30, 2009 to August 2011, died in the early hours of Wednesday in Abuja.

    He was 76.

    Onnoghen, in a statement issued on Wednesday by his media aide, Awassam Bassey, sent “his heartfelt condolences and that of the entire judiciary to the family of the late former CJN and urged them to take solace in the fact that he lived a fulfilled life.”

    The CJN directed that flags in courts and other institutions of the judiciary be flown at half-mast for seven days effective from July 18.

    He also directed the opening of condolence registers in all courts and related institutions throughout the country.

     

  • 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.”

  • CJN to judges: Be courageous

    The Chief Justice of Nigeria, Justice Walter Onnoghen, on Tuesday charged judges in the country to be bold and courageous in the discharge of their responsibilities.

    Onnoghen said heaven would not fall when laws are applied and judges act in accordance with the dictate of the law.

    He said: “Do not run away from challenges, remain courageous and bold. Do the right thing at the right time and tell everyone what the law is.

    “The judiciary will protect you when you adhere to the rule of law, the oath of your office and the constitution of the country.”

    He spoke at the swearing-in of Justice Adamu Abdu Kafarati as the substantive Chief Judge of the Federal High Court.

    Onnoghen assured that the judiciary would always do its best as an unbiased arbiter between the two other arms of government and other litigants.

    He described Kafarati’s appointment as “historic and long overdue.”

    “We thank God it was finally done,” he added.

     

  • FG plans revision of all extant federal laws, subsidiary legislations

    Law Reform Commission holds stakeholders’ summit

     

    The Federal Government has concluded plans for a wholesome revision of all laws in the country to ensure they are up to date and reflect current democratic realities.

    The planned revision is also targeted at ensuring the production of smart and better laws that will aid the effective operation government and its agencies within the context of sound democratic culture based on the doctrine of rule of law.

    Chairman, Nigerian Law Reform Commission (NLRC), Kefas Magaji, who made this public in Abuja on Wednesday, said his agency has scheduled a national summit on law reform for June 19 at the National Judicial Institute, Abuja to allow stakeholders contribute to how a thorough revision of the nation’s laws could be effected.

    Magaji, who regretted that this revision was coming about 15 years after the last one took place in 2002, said the country has fallen behind the international best practices, requiring that countries undertake revision of their laws every 10 years.

    He said the country’s delay in revising its laws has not only occasioned a “huge gap in the body of laws, it has negatively affected the smooth operation of government institutions and the effective administration of justice, particularly in terms of awareness, access, implementation, citation, referencing and use of extant laws.”

    Magaji added that the need to undertake the revision was further informed by the current uncertainty about the state of the country’s laws, the authenticity of the copies on sale and the need to put them up to date.

    He noted that, since the last revised laws were published in 2004, many of the 552 existing Acts of the National Assembly have either been further amended or repealed, with new ones enacted within the period.

    According to Magaji, “it is imperative that these amendments and new laws be revised and incorporated into the laws of the federation of Nigeria to facilitate their effective use. There are also subsidiary legislation or regulations made pursuant to these laws that need to be brought into the body of laws in the revised edition.”

    Read Also: FG accuses private school owners of frustrating audit exercise

    He also spoke about the worrying growing phenomenon of indiscriminate printing and sale of inaccurate and distorted versions of extant laws by private persons, a development, Magaji argued, was encouraged by the absence of a comprehensive and revised edition of the laws that could serve as a repository of all the country’s laws.

    Magaji said the planned revision shall involve all federal enactments in force in the country and all subsidiary instruments made thereunder and in force; all laws that were omitted in the 2004 laws of the federation of Nigeria, and a table of contents, a chronological table of enactments and an index.

    The NLRC boss said the Vice President, Prof Yemi Osinbajo has agreed to attend the summit, which is expected to be attended by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, states’ Chief Judges, the Attorney General of the Federation and states’ Attorneys-General, among others.

    He added that the summit is to afford stakeholders the opportunity to contribute to the revision exercise to avoid the mistakes of the past and ensure the production of a set of revised laws “that embody the exact laws of Nigeria that will engender the smooth and effective operation of all organs of government and the administration of justice.”

  • How to ensure ACJA’s success – CJN

    The Chief Justice of Nigerian ( CJN ), Justice Walter Onnoghen, warned on Wednesday that the objectives of the Administration of Criminal Justice Act (ACJA) 2015 would be defeated if stakeholders in the criminal justice administration sector fail to collaborate.

    Onnoghen said there was need for adequate understanding and effective application of the various innovative provisions of the ACJA in the criminal justice sector for the law’s objectives to be attained.

    The CJN spoke at the opening session of a two-day workshop on “the implementation and compliance with the Administration of Criminal Justice Act (ACJA) 2015, organized by the National Judicial Institute (NJI) in Abuja.

    He said the ACJA was not designed to do away with the already existing criminal laws in its entirety but  to preserve and make them stronger by introducing innovative provisions that would enhance the efficiency of the justice system.

    The CJN said: “This is a paradigm shift in the criminal justice system of Nigeria, from a punitive approach to a restorative approach, with the needs of the society, victims, vulnerable persons and human dignity at the forefront.

    “With this shift from the law as it used to be, the advent of the ACJA, comes with a number of challenges, especially with regards to its application, implementation, compliance and funding; hence the need for this workshop.

    “The objective of the ACJA will never be attained unless, and until all relevant stakeholders in the criminal justice system are aligned and work collaboratively to ensure that the Act is not just implemented but complied with.”