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Tag: Zainab Bulkachuwa

  • Atiku, PDP to tribunal: Why we don’t want Bulkachuwa

    The People’s Democratic Party (PDP) and its candidate in the last presidential election, former Vice President Atiku Abubakar have made public reasons for their opposition to the involvement of the President of the Court of Appeal, Justice Zainab Bulkachuwa in the hearing of the petition.

    Atiku and the PDP are, by their petition, challenging the outcome of the 2019 presidential election,won by President Muhammadu Buhari of the All Progressives Congress (APC).

    Their reasons for seeking Justice Bulkachuwa’s exclusion from the five-man panel, scheduled to hear the petition is contained in a fresh motion filed on Thursday by Atiku and the PDP.

    They claimed that Bulkachuwa’s husband – Honourable Adamu Mohammed Bulkachuwa – and her son – Allyu Haidar Abubakar -are members of the APC.

    Atiku and the PDP stated that while her husband was elected as Senator for Bauchi North Senatorial District on the platform of the APC in the last general elections, her son contested the last governorship election in Gombe, as candidate of the APC, but lost.

    They equally stated the Justice Bulkachuwa has prejudged the outcome of their petition, when she said, in her speech at the inaugural sitting of Presidential Election Petition Tribunal (PEPT) on May 6 this year, gave the impression that the last elections were well conducted.

    Atiku and the PDP have therefore called on Justice Bulkachuwa to withdraw from the hearing of their petition.

    In the motion, Atiku and the PDP are particularly praying for “an order that His Lordship, the honourable Justice Zainab Adamu Bulkachuwa, (President of the Court of Appeal) and the Presiding Justice of the Panel hearing petition No: CA/PEPC/2019 be recused from further sitting or participating in the proceedings in this petition and be replaced by another Justice of this honourable court to sit in his place to hear and determine the petition.”

    They said the grounds on which the prayer is sought, include that “Honourable Justice Zainab Adamu Bulkachuwa (President of the Court of Appeal) and the Presiding Justice of the Panel hearing the petition against the election of the 2nd and 3rd respondents (Buhari and APC) is the wife of Honourable Adamu Mohammed Bulkachuwa, a prominent card carrying member of the 3rd respondent and the Senator-elect for Bauchi North Senatorial District on the platform of the 3rd respondent in this petition, which is also the 2nd respondent’s political party.

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    “Honourable Justice Zainab Adamu Bulkachuwa (President of the Court of Appeal) and the Presiding Justice of the Panel hearing the petition against the election of the 2nd and 3rd respondents, is the biological mother of Allyu Haidar Abubakar, a prominent card carrying member of the 3rd respondent, who was a gubernatorial aspirant in Gombe State at the last general elections, on the platform of the 3rd respondent.

    “Being the wife and mother of prominent card carrying members of the 3rd respondent as aforesaid having a common interest with the 2nd and 3rd respondents in the subject matter of this petition, there is every likelihood of bias if Honourable Justice Zainab Adamu Bulkachuwa remains the Presiding Justice/member of the panel hearing this petition.

    “At the inaugural session of the Presidential Election Petition Tribunal, while delivering her inaugural speech, Honourable Justice Bulkachuwa stated as follows: ‘Elections are held in Nigeria every four years into elective positions. No matter how well the election is conducted there are bound to be complaints…’

    “By making that remark, it would appear that Honourable Justice Zainab Adamu Bulkachuwa had already prejudged the presidential election as “well” conducted and that this petition is one of the complaints that come up “no matter how well the election is conducted”.

    “Justice must not only be done, but must be manifestly seen to have been done.”

    The PEPT had, at its last sitting on May 16, 2019 ordered Atiku and the PDP to communicate their objection to Justice Bulkachuwa through a formal application.

    Lawyer to Atiku and the PDP, Livy Uzoukuwu had, at the last sitting of the tribunal, raised the issue orally during a meeting he sought and was granted with members of the tribunal in Chambers.

    Proceedings of the tribunal were suspended midway on May 16 to allow for the meeting in chambers demanded by Uzoukwu.

    When proceedings resumed over an hour later, Justice Bulkachuwa, who is the tribunal’s Chairman, said since the issue was already in public domain, it should be addressed in the open court, with the PDP and Atiku raising it formally through a motion, to which the respondents are entitled to respond.

    The panel adjourned till May 22 this year for hearing of the motion.

     

     

  • Appeal Court President warns tribunal staff against sharp practices

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, has warned secretaries of the Election Petition Tribunals not to allow themselves to be used as tools to truncate justice.

    Bulkachuwa gave the warning on Friday in Abuja, at a one day training of the Election Petition Tribunal secretariat staff.

    “I will at this stage sound a note of warning, do not allow anybody to compromise your integrity or future, no matter how highly placed that person may be.

    “Do not be used as tools to truncate the process. Avoid offending, participating in serious disputes and disrupting the workplace.

    “I will not hesitate to take disciplinary action against any of you who repeatedly or intentionally fails to follow our code of conduct.

    “The Court will focus its searchlight on corrupt secretariat staff.

    “Any staff found wanting would only have his or herself to blame, as the court will definitely not spare the rod in ensuring that the honour and respect of the court and the judiciary is protected.

    The appeal court president said any member of staff of the tribunal found wanting would be penalised according to the degree of offence.

    Mr. Aliyu Ibrahim, the Chief Registrar of the court urged the secretariat staff not to be intimidated by any lawyer, but to be firm in ensuring that petitions were filed in compliance with the law.

    He also implored the workers to ensure that they worked closely with the security agents attached to their tribunals in ensuring prompt payments of their allowance.

  • I was not permitted to continue Kalu’s trial – Judge

    Justice Mohammed Idris on Wednesday said the Court of Appeal President Zainab Bulkachuwa did not give him a fiat to continue to adjudicate on the trial of former Abia State Governor Dr Orji Uzor Kalu.

    The judge was handling the 12-year-old case at the Federal High Court in Lagos before he was elevated to appellate court last June 13.

    While he was given a fiat to conclude the cases of former Oyo State Governor Rashidi Ladoja and former President Goodluck Jonathan’s ex-aide Dr Waripamo-Owei Dudafa, he said he got no such authorisation for Kalu’s.

    Justice Idris therefore adjourned Kalu’s trial indefinitely.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Kalu for allegedly laundering N7.65billion state funds.

    Addressing parties, Justice Idris said: “This matter was listed on Wednesday because it was adjourned till today for defence. What has happened is that the last fiat that was issued by the President of the Court of Appeal expired at the end of November 2018.

    “On the 10th of January, 2019, I received fresh fiat in respect of some matters that I have started and some new matters but this particular case was not mentioned.

    Read Also: Judge halts FG’s planned trial of CJN

    “For this reason, I have a strong feeling that I shouldn’t continue with proceedings in this case unless there is a further directive from the President of the Court of Appeal. I should not proceed further; otherwise I might be acting without authority.

    “In the circumstance, I am of the view that further proceedings shouldn’t go on until I receive further information by way of fresh fiat from the Court of Appeal President. As soon as I receive further instruction, hearing notice will be sent to counsel.”

    EFCC said Kalu, whist being governor between 2001 and September 2006, procured Slok Nigeria Ltd, a company owned by him and members of his family, to retain N7.2billion in its Inland Bank Plc account, on his behalf.

    The commission said the money “formed part of the funds illegally derived from the treasury of Abia State government and which was converted into several bank drafts before they were paid into the said company’s account”.

    Kalu was accused of collaborating with Udeh Jones Udeogu Slok Nigeria and Emeka Abone (at large) “in concealing the genuine origin of an aggregate sum of N7, 197,871,208.70…”

    The alleged offence violates Section 17(c) of the Money Laundering (Prohibition) Act, 2004, and was liable to be punished under Section 16.

    Kalu and Udeogu, a former Director of Finance in Abia State Government House, pleaded not guilty to the charge.

    They were initially arraigned on a 34-count charge to which five fresh counts were added.

    Prosecuting counsel Rotimi Jacobs (SAN) said the amendment was needed because of new evidence provided by the 19 witnesses who testified in the trial. He said he would not call additional witnesses despite the amendment having closed the prosecution’s case on May 11.

    Beside the N7.2billion, the defendants were also accused of receiving N460million allegedly stolen from the Abia State Government treasury between July and December 2002.

    EFCC said they breached Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.

    Udeogu, Slok Nigeria, Abone and Michael Udo, also at large, were accused of collaborating with Kalu to conceal the “genuine origin” of allegedly stolen funds.

  • Senate screens Emefiele, Bulkachuwa Wednesday

    The Senate Tuesday shifted the screening and confirmation of President Goodluck Jonathan’s nomination for the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele and President of the Court of Appeal, Honourable Justice Zainab A. Bulkachuwa to Wednesday.

    Although, Tuesday was earlier slated for the screening, sources said the screening had to be moved till Wednesday to allow for live transmission of the exercise.

    Senate Leader, Victor Ndoma-Egba had moved a motion that Emefiele’s and Bulkachuwa’s confirmation be committed to the Committee of the whole for further legislative work.

    Senate President David Mark announced that the screening and confirmation of the two nominations would be carried out Wednesday following the approval of the motion by lawmakers through a voice vote.

    The screening and confirmation of the nomination of Mr. Adelabu Adebayo Adekola for appointment as Deputy Governor of the CBN, was however committed to the Senate Committee on Banking, Insurance and other Financial Institutions for further legislative work.

    Chairman Senate Committee on Media, Information and Public Affairs, Senator Enyinnaya Abaribe confirmed that the screening of the two nominees would be transmitted live.

    Abaribe who spoke at a press briefing said the live transmission would afford Nigerians the opportunity to witness how the two nominees who are vital to the dispensation of justice and the nation’s economy would be screened.

    Abaribe said:  “I want to confirm that Wednesday,  in line with the constitutional provisions and the Senate rules, we will do the screening and confirmation of the President Goodluck Jonathan’s request for two persons: Hon. Justice Zainab Bulkachuwa as President of the Court of Appeal and Mr. Godwin Emefiele as the Governor of the Central Bank of Nigeria.

    “Both events will be aired live on the Nigerian Television Authority. I am very certain that it will give Nigerians the opportunity to witness, firsthand, the screening of the two individuals that are very vital to both the dispensation of justice in Nigeria and management of our economy.”

    On the constitutionality of Emefiele’s screening and confirmation by the Senate when the tenure of the suspended CBN Governor, Mallam Sanusi Lamido Sanusi has not ended, Abaribe said it made good sense to avoid a lacuna.

    He said: “There is nothing unconstitutional in the screening of CBN governorship nominee.

    “Every person that will emerge as the CBN governor must be screened and there is nothing in the Constitution that says that he will be screened only after the end of the tenure of the present incumbent.

    “In fact, good sense means that we should screen somebody and go through all the processes so that on the date that the tenure of the incumbent ends he could handover to his successor.

    “So we should not allow for lacuna in the process and that is why we are taking this process to make sure that there is no gap at all and of course, three months give us enough time for us to go through this process in such a way that whatever Nigerians want as the new CBN governor, they will get it and will resume when the tenure of the current occupant ends.”

     

  • New PCA to emerge in February

    New PCA to emerge in February

    A new President of the Court of Appeal (PCA) will emerge in February, it was learnt yesterday.

    The Office of the Chief Justice of Nigeria said there was no rift in the National Judicial Council (NJC) on the appointment of a successor to the former president, Justice Isa Ayo Salami.

    Justice Salami retired in October, leading to intense lobbying for the office.

    There are two options being considered to guide the appointment of a substantive PCA.

    The options are either to jettison seniority in the hierarchy of the Court of Appeal or second a judge from the Supreme Court to head the appellate court.

    There are three senior judges at the Court of Appeal; former Acting PCA Justice Dalhatu Adamu (Niger); Acting President Justice Zainab Bulkachuwa (Gombe) and Justice Amiru Sanusi(Katsina).

    Justice Adamu served as acting president for 15 months, while Justice Zainab Bulkachuwa has spent about a year in office.

    It was gathered that besides the intrigues among judges, the NJC is yet to begin the process of appointing a PCA.

    A source said: “By the reckoning of the NJC and the CJN, the earliest possible date for the appointment of a substantive PCA is February when the tenure of the Acting PCA Justice Zainab Bulkachuwa would have elapsed.”

    Media Aide to the CJN Ahuraka Yusuf Isah yesterday said there was no division in NJC on the appointment of a new president of the Court of Appeal.

    He said there was no time members of the NJC walked out as a result of the disagreement on the new PCA.

    “The NJC has rules that where there is no consensus over a matter, the decision is arrived through voting.

    “The question of protest by way of walking out on the revered Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, is a mere figment of the imagination.

    “Besides, there is no vacuum in the Court of Appeal leadership since the appointment of Justice Zainab Bulkachuwa is yet to lapse.”