Tag: Court Judgement

  • ‘I will conclude my tenure in 2023’- Umahi reacts to Appeal Court judgment

    ‘I will conclude my tenure in 2023’- Umahi reacts to Appeal Court judgment

    Gov. David Umahi of Ebonyi has said that his administration will conclude its tenure on May 29, 2023, irrespective of its challenges.

    Umahi said this on Friday while reacting to the judgment of the Appeal Court sitting in Enugu which affirmed the judgment of the Ebonyi High court on his defection.

    The Ebonyi High Court had quashed a suit challenging the defection of the governor from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in Nov. 2020.

    Umahi while presiding over the weekly state Executive Council meeting, congratulated the people of the state over the judgment and thanked various religious bodies for their prayers.

    “The enemies have tried using the Independent National Electoral Commission (INEC) and the courts but failed.

    “They are presently writing all forms of frivolous petitions to the Economic and Financial Crimes Commission (EFCC).

    “We will however, defeat them any where they go and would finish strongly,” he said.

    He declared that God brought his government to power and will never abandon it.

    “The good thing is that people know that the challenges are mere storm in a tea cup and distractions.

    “We will conduct a special praise and worship service on Sunday to thank God for His mercies on the government and the people.

    “We will sing praises unto God because he has turned big in everything that concerns us,” he said.

    The suit challenging the governor’s defection was filed by the flagbearers of the APC in the 2019 general election, Sen. Sunny
    Ogbuoji and his running mate, Chief Justin Ogodo.

    The plaintiffs had prayed the court to order INEC to swear them-in as the governor and deputy governor of the state having placed second in the gubernatorial election.

  • Umahi: Maybe judge did not trail the line of appellate courts on cross carpeting – Oyesanya SAN

    Umahi: Maybe judge did not trail the line of appellate courts on cross carpeting – Oyesanya SAN

    ASenior Advocate of Nigeria, SAN, Adekunle Oyesanya, has described last Tuesday’s judgement that sacked Governor Dave Umahi of Ebonyi State and his deputy, Dr Kelechi Igwe, as one that appears as if the judge did not trail the line of the appellate courts on politicians cross carpeting.

    In his words: “It appears the Learned Trial Judge distinguished the case before him from those line of cases where the appellate courts have held that there is no constitutional provision that allows the courts to invalidate the tenureship of the President, VP, and by extension, Governors and deputy Governors when they cross-carpet unlike in the case of legislators.”

    The senior advocate, in a chat with TNG reporter on Thursday, condemned the act of lawyers using harsh and impudent language on a Judge over a judgement.

    Calling on the Nigerian Bar Association, NBA, and all the institutions of the legal profession to condemn such act, he said “even if a judge may be very wrong in his reasoning, but that is no excuse to use harsh and impudent language on such a Judge.

    “It is more worrisome when such behaviour comes from lawyers, senior ones at that. That is not our training as lawyers.”

    He opined that it is wrong and unpardonable for anybody whosoever, “no matter how highly-ranked”, as has happened in this case, to condemn a Judge on a Judgment he (judge) has delivered based on the facts before him.”

    Oyesanya, who was conferred with the rank of SAN on September 11, 2012, noted that he is always wary of commenting fully on judgements of court that he has not read, “except for snippets and bits that one gathers from the print and broadcast media and the social media.

    “I will therefore prefer to read that judgment fully before commenting. I think it is rather hasty and flippant for any lawyer to make unsavoury and rude comments about the Judex based on what he or she has read in the media.”

    Justice Inyang Ekwo of a Federal High Court in Abuja on Tuesday declared as illegal, the defection of Governor Umahi and his deputy from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

  • Marriages conducted in Ikoyi Registry legal, valid – FG clears air on court judgement

    Marriages conducted in Ikoyi Registry legal, valid – FG clears air on court judgement

    The Ministry of Interior has reacted to reports that the Federal High Court sitting in Lagos has declared all marriages conducted by the Ikoyi marriage registry illegal and invalid.

    In a statement on Tuesday evening, the Permanent Secretary and Principal Registrar of Marriages, Ministry Of Interior, described the reports as “false, misleading and a deliberate distortion of the decision of the Court in Suit No: FHC/L/CS/816/18 between Eti-Osa Local Government Council & 3 others”.

    According to the statement, the court only ruled that the Federal Government, through the Ministry of Interior, is constitutionally empowered to conduct marriages in Nigeria and the Local Governments were only delegated by the Federal Government to conduct marriages, by virtue of Legal Notices issued pursuant to the Marriage Act.

    It also stated that contrary to their (local government’s) pleading, the trial judge held that nothing in the role of local governments, as defined in the Constitution, suggests that they can conduct or contract marriages. However, the only power is derived from the Legal Notices issued by the President.

    ———————————————–

    See the full statement below.

    The attention of the Ministry of Interior has been drawn to news making the rounds on social media claiming that the Federal High Court sitting in Lagos has declared all Marriages conducted by Ikoyi marriage registry to be illegal and invalid.

    We would like to state that this statement is false, misleading and a deliberate distortion of the decision of the Court in Suit No: FHC/L/CS/816/18 between Eti-Osa Local Government Council & 3 others where the Honourable Court held that only the Local Government councils can conduct valid marriages in Nigeria.

    It is noteworthy that, the same Federal High Court situated in Ikoyi, Lagos in Suit No. FHC/L/870/2002 between Prince Haastrup and Eti Osa Local Government held that the Federal Government, through the Ministry of Interior is constitutionally empowered to conduct marriages in Nigeria and held that the Local Governments were delegated by the Federal Government to conduct marriages, by virtue of Legal Notices issued pursuant to the Marriage Act.

    In that case, the learned trial judge held that nothing in the role of local governments, as defined in the Constitution, suggests that local governments can conduct or contract marriages as alleged in their pleadings. The Court affirmed that powers of the local governments to contract statutory marriages is derived from the Legal Notices issued by the President.

    The Court also confirmed that the role of local governments, as enshrined in the Constitution is limited to registration of all forms of marriages (including Islamic and customary marriages).

    Rather than appeal this decision, the same claimants instituted another action in 2016 Suit no. FHC/L/CS/1760/16 Egor Local Government, EtiOsa Local Government and 2 others V Hon, Minister of Interior and 2 Others.

    The Court held that the Suit was an abuse of court process, as it could not be invited to make another pronouncement on the same point, which would lead to conflicting decisions coming from the same court and struck out the case.

    The same issue was adjudicated in the case of Olumide Babalola vs Ikeja Local Government and the Registered Trustees of the Association of Local Government of Nigeria (ALGON) in Suit No. LD/1343/GCM/2016 delivered on 15th May, 2017.

    The Court held that while registration of marriages are regulated by local governments, being under the concurrent list, formation of marriage is under the Exclusive Legislative List, within the jurisdiction of the Federal Government, regulated by the Ministry of Interior.

    It is further worthy of note that the issue of formation, annulment and other matrimonial causes are by virtue of item 61 of the 1st Schedule of the 1999 Constitution of the Federal Republic of Nigeria exclusively reserved for the Federal Government. The General Public is invited to note that these judgments are all still subsisting, competent and have not been appealed against till date.

    Further to the above, the current decision of the Federal High Court delivered by Hon. Justice D. E. Osiagor of Court 6, cannot set aside a previous decision of the same Court, which is of coordinate jurisdiction, as that would amount to the court sitting on appeal over its own judgment.. In the circumstances, the Federal Government through the Ministry of Interior, has applied for a certified true copy of the judgement and will take appropriate further action including but not limited to filing of an appeal in respect of this conflicting and confusing decision, in line with the provisions of the Constitution.

    We would like to appeal to the general public, the international community, to couples who had hitherto had their marriages solemnized at Federal Marriage Registries by duly licensed places of worship and to all intending couples to be calm and continue transacting their normal businesses at all Federal Marriage Registries subsisting throughout the federation in line with statutory and constitutional provisions.

    The general public is to please note the foregoing and maintain status quo ante. Dr. Shuaib Belgore Permanent Secretary/Principal Registrar of Marriages

  • Strike: Resident doctors fault court judgement ordering them to resume immediately, head to Appeal Court

    Strike: Resident doctors fault court judgement ordering them to resume immediately, head to Appeal Court

    The leadership of the National Association of Resident Doctors (NARD) has faulted the ruling of the National Industrial Court (NIC) directing its members to return to work.

    A communique jointly signed by NARD President, Dr Uyilawa Okhuaihesuyi, and the union’s Secretary-General, Dr Jerry Isogun, on Friday revealed that the doctors have begun the process to appeal the ruling.

    “As we are all aware, especially those that were present in court today (Friday), the NIC has given a ruling on the application for interlocutory injunction filed by the Federal Government,” the statement said. “We are not satisfied with the ruling.

    “After consultations with our lawyers, we have instructed our lawyers to appeal the ruling and file an application for stay of execution.”

    The statement is in reaction to the ruling of Justice Bashar Alkali who ordered the resident doctors to suspend their ongoing industrial action and return to work immediately, pending the determination of the substantive suit.

    Justice Alkali who ruled on an application by the government had also directed parties in the matter to return to the negotiating table, saying no amount of money could compensate for the loss of lives as a result of the impasse.

    In demonstration of its displeasure with the decision of the court, NARD instructed its lawyers to file necessary processes, rather than ask members to return to their duty posts.

    It also asked the doctors to remain calm and resolute, saying “everything depends on our firm resolve.”

    “We are committed to protecting your rights within the confines of the law. We believe justice shall be ours ultimately,” the union told its members.

    It stated that the court had reserved ruling on which application it would take first on Wednesday, and its lawyers argued that the court ought to hear and determine the Notice of Preliminary Objection (NPO) filed by the doctors to challenge the jurisdiction of the court before taking the application for an interlocutory injunction or any other application.

    The union added that the court adjourned ruling on the argument on the matter until Friday, after which it ruled that it would take the government’s application for interlocutory injunction first while its NPO would be taken and determined along with the substantive suit.

    “Also, our lawyers drew the attention of the court to our application for stay of execution of the ex parte order and that the court should take that application first. The court insisted that the government application would be taken first.

    “On 15/9/21, the court ordered all parties to resume negotiations. The government refused to resume negotiations in line with the order of 23/8/21. Our lawyers reported this development to the court. We have demonstrated good faith and would continue to do so,” the statement said.

  • Daggers drawn over VAT collection in Rivers as FIRS appeals court judgement

    Daggers drawn over VAT collection in Rivers as FIRS appeals court judgement

    The Federal Inland Revenue Service (FIRS) on Wednesday said it has appealed the judgement of the Federal High Court in Rivers which held that the agency does not have the right to collect Value Added Tax (VAT) in the state.

    In a news conference in Abuja, FIRS Group Lead, Special Tax Operations, Matthew Gbonjugbola, said it is the exclusive right of the agency to collect VAT in the country.

    Gbonjugbola explained that the law mandating the FIRS to collect VAT seeks to protect businesses from multiple VAT.

    “I can confirm to you that FIRS indeed approached an appellate court to review the judgement of the lower court at the Federal Court of Appeal in Rivers,” he said.

    “Be assured that FIRS has filed an appeal and that one is in process and that is why we are not able to speak.”

    Speaking further, Gbonjugbola said VAT collection cannot work at the sub-national level, maintaining that the FIRS is empowered by law to do so.

    The FIRS official also dismissed purported plans by the agency to tax social media in Nigeria.

    TheNewsGuru.com, TNG reports that this is is coming days after a Federal High Court in Port Harcourt delivered a judgment restraining the FIRS from collecting VAT and personal income tax in Rivers State.

    TNG notes that VAT is a consumption tax paid when goods are purchased and services are rendered. It is charged at a rate of 7.5 percent.

  • Ondo CJ blasts Gov Akeredolu over ‘childish display of adolescent behaviour’ to judgment against her probe

    Ondo CJ blasts Gov Akeredolu over ‘childish display of adolescent behaviour’ to judgment against her probe

    The Chief Judge of Ondo State, Justice Oluwatoyin O. Akeredolu has faulted the reaction by the state governor, Oluwarotimi Akeredolu to the June 17 judgment stopping the state’s move to probe her.

    In a statement issued on Saturday by her lawyer, Jibrin Okutepa (SAN), Justice Akeredolu described Ondo governor’s reaction, published in the media on Saturday, as infantile and contemptuous of the court.

    “It is appalling to see a childish display of adolescent behaviour in the press statement issued on behalf of the government being led by a learned gentleman of the highest distinction at the Bar like this,” the statement said.

    The Ondo State Commissioner for Information, Donald Ojogo had, in the statement, he issued on behalf of the state government and the governor, described the suit filed and prosecuted for the Chief Judge by Okutepa, and on which the June 17 judgment was given, as an ego trip in which the government refrained from participating.

    Ondo CJ breaks silence on brother's predicament, three-year jail term without trial
    Chief Judge of Ondo State, Justice Oluwatoyin O. Akeredolu

    Part of the statement by Okutepa reads: “My attention has been drawn to a press statement said to have been issued by the Government of Ondo State on the judgment delivered by the Hon Mr Justice Eden Inyang Ekwo of the Federal High Court Abuja, in favour of the Hon the Chief Judge of Ondo State, Justice Oluwatoyin O. Akeredolu.

    “It is sad and unfortunate that the government of Ondo State could authorised such contemptuous statement to be issued against a judgment that was delivered after all the parties were served with hearing notices on many occasions and the government led by an eminent senior Advocate did not deem it fit to respect the processes served on the government.

    “As a lawyer to the Hon CJ in the matter, I consider the press statement as insulting to my person as it portrays me as accepting brief to take the matter that was purely academic to court for judicial determination.

    “It is important to remind the Ondo State Government that the press statement is certainly an afterthought and face-saving measures to cover the plots that gave the Hon Chief Judge of Ondo State the cause of action which led his Lordship to brief me to go to court.

    “It sad that the government of Ondo State can suffer memory loss of the reasons why the Hon CJ went to court. Let me repeat again that the press statement is an afterthought and as face-saving measures after the evil plot was denounced by proper judicial decision.

    “In the first place, the Government Ondo State and parties involved were duly served the originating Processes and hearing notices.

    “If the government has respect for judicial process as it claims, it should have appeared in court and inform the court that the issues and concerns raised were not true or not being pursued by the government. Ondo State government did not do so.

    “Secondly, the Ondo State Government forgot that legal letters were done to the Governor, State House of Assembly and the Attorney General of Ondo State on the matter.

    “We must set record straight. It is appalling to see a childish display of adolescent behaviour in the press statement issued on behalf of the government being led by learned gentleman of the highest distinction at the Bar like this.

    “So sad. Perhaps, I will need to draw the attention of the Ondo State Government to the press statement issued by the Hon the Attorney General of Ondo State on 18th February 2021, which led the Hon the CJ to brief me to go to court.

    “This was widely reported as: ‘Attorney General of Ondo State, Sir Charles Titiloye has released his report on an investigation of the allegation against Ondo State Chief Judge as contained in the video clip circulated on social media by one Olupelumi Fagboyegun.

    “Judging from the above, one then wonders how the government of Ondo State that contemptuously refused to appear before the court to defend itself can resort to self-help in the form of the press statement to say it did not envice the intention of removing the CJ and that the suit was an ego trip.

    “Certainly as senior lawyer and one who swore to uphold and defend Nigerian Constitution, I will not have accepted brief that was rooted in moot points.”

  • PDP reacts to court judgement on UNICAL lecturer who falsified 2019 election results to favour APC

    PDP reacts to court judgement on UNICAL lecturer who falsified 2019 election results to favour APC

    The Peoples Democratic Party (PDP) is confident that more electoral offenders will be prosecuted following the conviction and sentencing of a university lecturer, Peter Ogban.

    In a statement on Thursday by its National Publicity Secretary, Kola Ologbondiyan, the party commended the judiciary for its courage to stand on the side of the people.

    TheNewsGuru.com, TNG reports that Ogban, a professor of soil science at the University of Calabar (UNICAL), was the returning officer in the 2019 Akwa Ibom North-West senatorial district election won by the All Progressive Congress (APC).

    He was found guilty of two counts of falsification of election results and announcing fake results by an Akwa Ibom State High Court sitting in Ikot Ekpene.

    The don was ordered to pay a fine of N100,000 on count one and sentenced to three years imprisonment without an option of a fine on the second count.

    Hours after the judgement, the PDP described the court’s decision as a huge lesson for compromised individuals working with politicians to subvert the will of the people.

    ”It is shameful that individuals who had attained the peak of an enviable career in the academia could submit themselves as willing tools in the hands of a fraudulent, debased, and manipulative political party … to alter election results and subvert the collective will of the people in the 2019 elections.

    “Such individuals can now see the deplorable situation of economic depression, excruciating hardship, terrorism, killings, kidnapping, social and infrastructural decay, which their fraudulent and unpatriotic action has plunged our nation,” it said.

    The party added, “If these unpatriotic elements had not manipulated our electoral process in favour of APC and allowed the will of the people to prevail, our nation would not have found herself in this sorry state.”

    According to it, the court’s judgment will stand as a deterrent to compromised returning officers and political parties that result alterations will have no space in the 2023 general elections.

    Ahead of the polls, the PDP urged Nigerians and the Independent National Electoral Commission (INEC) to remain vigilant, saying more efforts were being made to bring compromised electoral officers to book.

  • Imo North: PDP rejects court judgement affirming Ararume winner

    Imo North: PDP rejects court judgement affirming Ararume winner

    The Peoples Democratic Party (PDP) has faulted the judgement of the Federal High Court in Abuja on the December 2020 Imo North senatorial district bye-election.

    TheNewsGuru.com, TNG reports that the court had in a judgement delivered on March 18 ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Senator Ifeanyi Ararume.

    Reacting to the court’s decision in a statement on Monday by its National Publicity Secretary, Kola Ologbondiyan, the party wondered how a matter that had been decided by the Supreme Court could be overruled by a Federal High Court.

    “This judgment further heightens our fears that the All Progressives Congress (APC)-controlled Federal Government is bent on using certain officials within our judiciary to suppress the opposition and subvert the will of the people,” the party alleged.

    It added, “It was clear to all that the Supreme Court on February 5, 2021, upheld the ruling of the Court of Appeal, which nullified the candidature of Senator Ifeanyi Ararume as APC candidate for Imo North senatorial district bye-election. That verdict of the Supreme Court puts to rest the candidature of Senator Ifeanyi Araraume.

    “It is therefore bizarre that a Federal High Court which Senator Ifeanyi Araraume had approached to declare him the authentic candidate and order INEC to issue him Certificate of Return had done so in flagrant disregard to the Supreme Court ruling on the same matter.”

    The PDP described the decision of the court as a direct miscarriage of justice, saying it posed a great danger to the nation’s democracy and should not be allowed to stand.

    It stated that its candidate in the poll, Emmanuel Okewulonu, scored the highest valid votes cast since courts of competent jurisdictions had disqualified the two APC candidates, Frank Ibezim and Senator Ararume, less than 24 hours to the election.

    The party explained that INEC excluded the names of the two candidates in the final list that was released on the strength of the disqualifications.

    It claimed that INEC’s refusal to quickly declare Okewulonu as the winner of the election sold the electoral umpire out as being under the heavy influence of superior power.

    “Had INEC done the needful at the time of the election by declaring Chief Okewulonu the winner, we would not have come to the current sorry pass where conflicting judicial orders are being churned out every second.

    “We, therefore, reject this recent judgement and call on INEC to handover the Certificate of Return to Chief Emmanuel Okewulonu, who is the authentic winner of the December 5, 2020 Imo North senatorial bye-election, sequel to the ruling of the Supreme Court,” the PDP said.

  • Kwara demolishes remaining structures on ‘Saraki’s land’ few hours after court judgement

    Kwara demolishes remaining structures on ‘Saraki’s land’ few hours after court judgement

    A few hours after a court judgment struck out a suit by Asa Investments Ltd, claimants to the disputed Dr. Olusola Saraki’s land (Ile Arugbo), the Kwara State Government yesterday demolished the remaining structures and property on the land.

    Government’s bulldozers, it was gathered, moved to the premises between 2:25am and 4:20am to pull down structures.

    Reacting to the development, the legal team of the claimants described government’s decision to carry out a fresh demolition on the property, whose matter is still in court, as reckless and illegal.

    Lead counsel to Asa Investments Ltd Dr. Akin Onigbinde (SAN) said in a statement that he was surprised that less than 24 hours after the court fixed March 17 for hearing of the counter-claims filed by the Kwara State Government, the government ordered bulldozers to go to the property about 2:25am and 4:20am on February 3 to further demolish structures and materials on it.

    He added: “Counsel to the Kwara State Government, according to the record of the court at previous sittings of the court had given an undertaking not to destroy the property until the dispute is determined.

    “It was also surprising that on a day the court granted an application to Asa Investments Ltd to substitute the name of Alhaji Sanusi Baba-Eleku, a co-claimant with Asa Investment Ltd, who died recently, with another, being Alhaji Abubakar Oluwatoyin, and before allowing the new party to file his witness statement on oath as required by law, it struck out the case of Asa Investment Ltd without allowing the new party the opportunity to even put forward his case to court for adjudication; and Kwara State Government overreached judicial process to further destroy the property during the pendency of hearing.”

    Onigbinde said it was wrong for a party to a suit to take action, which seeks to tie the hands of the court or overreach any decision of the court, or render nugatory subsequent decision of the court.

    He noted that the state government, by its action, has violated the undertaking it made in open court in previous sittings not to interfere with the property.

    “This action taken in the dead of the night will be challenged. We will not allow a government which should symbolise democracy and rule of law to act with impunity or seek to subvert the course of justice,” Onigbinde added.

  • Tinubu warns against attack on judiciary over unfavourable court judgements

    Tinubu warns against attack on judiciary over unfavourable court judgements

    National leader of the All Progressives Congress (APC) Asiwaju Bola Ahmed Tinubu on Monday cautioned against undue vilification of the Judiciary.

    Tinubu said Judiciary, being an important pillar in the sustenance of democracy, must be respected and its image protected always.

    He advised that, having adopted democracy as a system of government, we must learn to abide by the rule of law and decisions of the Judiciary irrespective of our disposition to such decisions

    Speaking to reporters after the valedictory court session at the Supreme Court in honour of Justice Amiru Sanusi who retired after attaining the age of 70, Tinubu said: Nigeria’s adoption of democracy as a form of government “is an irrevocable commitment to the rule of law.”

    He added: “Yes, some people are bound to succeed and some will fail (in court). Reasonableness and honesty; integrity and the character of the Judiciary have always been reflected in their judgments.

    “That is what we signed up to as a democratic nation. We should not tarnish the reputation of the Judiciary when its decision goes against us.

    “Life is difficult. Judgment and perfection are of God Almighty. And so, if you notice an error in a way and what you perceived as an error and did not favour you, you should try again. You must not be a winner at every game.

    “We will continue to promote the Judiciary as an important pillar in the sustenance of our democratic dispensation. We have chosen democracy and the Judiciary is a very important arm of the government. We must give the Bench the necessary support.

    “We will continue to promote the Judiciary as an important pillar in the sustenance of our democratic dispensation. We have chosen democracy and the Judiciary is a very important arm of the government. We must give the Bench the necessary support,” he said.

    The event was attended by among others, Governors Adegboyega Oyetaola (Osun); Aminu Masari (Katsina) (the home state of the retired jurist) and Muhammad Abubakar (Jigawa).

    Also a leader of the Body of Senior Advocates of Nigeria (BOSAN), Chief Thompson Onomigbo Okpoko (SAN) frowned at the growing practice of undue criticism of the Judiciary over its decisions.

    Okpoko who spoke during the valedictory session, on behalf of BOSAN, said: “The political class in our country does not appear to be ready to appreciate the difficult task of judging and determining issues of fact and Law applicable to any case.

    “They rush out to criticize the Judgments of our courts which they may not have read. In this way, victorious parties in a particular case, jubilate and go for thanksgiving singing praises of the Judiciary and declare openly that the Judiciary is truly the last hope of the common man.

    “When that same victorious party loses in another case, he cries out to the high heavens, accusing the Judiciary of corruption and other high crimes against his interest.

    “In recent times, the unfounded accusation against some judicial officers has moved to a call for resignation of a particular judicial officer because the judgment delivered in his court went against their expectation.

    “The call for resignation of a judge because of his judgment, is a dangerous excursion into the territory of Judicial independence.

    “Blackmail and intimidation are not compatible bedmates for the effective dispensation of Justice.

    “When the Supreme Court of the United States ruled against Vice President A.L Gore and stopped him from pursuing his petition further in the Supreme Court, all he said was, ‘I do not agree with the Judgment but I have to accept the Judgment of the Supreme Court’.

    “Why can’t the political class in Nigeria adopt the same attitude and respect our Judicial Institution?

    “We, lawyers must stand up and fight for the judiciary as an institution. Time has come for us and our clients to be held accountable for these unwanted attacks on the judiciary.”

    Okpoko urged Chief Justice of Nigeria (CJN) Justice Ibrahim Muhammad to reconsider his opposition to the appointment of judges from among practicing lawyers.

    The Senior Advocate, who cited instances in the past when senior lawyers were appointed to the Court of Appeal and Supreme Court, urged the CJN to create a platform for stakeholders in the judicial sector to resolve the seeming contrasting positions on the issue.

    He said: “Let the door be open to every legible lawyer as enshrined in Section 231(3) and Section 238(3) of the 1999 Constitution of the Federal Republic of Nigeria.

    “What the appellate court needs are more intellectually sound, efficient and hard-working justices. Only the best lawyers from the Bar and the Bench should man the apex court.

    “It is the final court; It is not a court for carrying out legal experiment or training. This is a serious issue which deserves serious consideration.

    “It is not a matters to whether the Bar agrees or disagrees with the stand of the Hon. Chief Justice round table talk and in-house debate.

    “I plead with the Right Honourable Chief Justice of Nigeria to arrange for this in-house discussion, as it is in the interest of all stakeholders. Unity and oneness of the Bar and Bench is of fundamental importance in policies concerning the operations of courts and the administration of Justice.

    “Until we have a rethink on what appears to be the prohibition imposed on senior members of the Bar from being appointed into the appellate court, the pressure for change is not going to go away anytime soon.

    “The Body of Senior Advocates of Nigeria therefore appeal to the Honourable Chief Justice of Nigeria and all the appointing authorities of the country to have a rethink and let the need to have a virile Judiciary prevail,” Okpoko said.

    The CJN, who eulogised retired Justice Sanusi, regretted that the rank of Justices of the Supreme Court was fast depleting without prompt replacement.

    Muhammad said: “You will recall that barely seven weeks ago, being Thursday, 12th December, 2019, we assembled here to honour our brother, Justice Kumai Bayang Aka’ahs, JSC, OFR in a similar valedictory session.

    “That ceremony painfully occasioned the depleting of our ranks at the Supreme Court. In a similar fashion, this session, too, is billed to further drastically reduce the number of Supreme Court justices as low as 13.

    “This is not cheering news in view of the ever increasing number of appeals that flood the court on daily basis.

    “The highly embarrassing litigious nature of Nigerians gives no space for the Justices of the court to rest their nerves.

    “We are daily inundated and suffocated with cases of different types that we can hardly have time for ourselves and our families,” the CJN said.

    Other speakers, including the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (represented by the Solicitor General of the Fedration, Dayo Apata) and President of the Nigerian Bar Association (NBA), Paul Usoro (SAN) also took turn to shower encomium on the retired Justice Sanusi.

    Justice Sanusi, who recalled his journey through life, was full of praises for his professional colleagues and senior judges, who aided his appointment as a judicial officer and his growth over the years.