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Tag: judges

  • Okowa swears in 5 Judges, pardons 5 prison inmates, reverses death sentence of 30 others

    Governor Ifeanyi Okowa of Delta State today sworn in five newly appointed Judges into the State Judiciary at the State Government House Asaba with a charge to avoid granting frivolous injunctions and frequent adjournment of cases.

    Speaking during the swearing in ceremony, Governor Okowa said, “One of the things you (Judges) must guard against is the frivolous use of injunctions and the frequent adjournments of cases, which not only leads to delay and congested courts but has also contributed to negative perception of the Judiciary in the court of public opinion”.

    Okowa, who submits that such bottlenecks are inimical to the development of the judicial system, said, “Judges have an obligation to see to it that justice is not only served but, also seen to be served, so that the Judiciary does not lose the confidence of the public from which it ultimately derives its authority”.

    Governor Okowa emphasized that “As Judges, fairness, equity and justice must be your watchword at all times, you must maintain a high level of focus, discipline and personal probity”.

    While congratulating the Judges for their appointments, the Governor asserted, “as you begin your journey as privileged members of the Bench, I expect you to continue in the same spirit of hard work, excellence and forthrightness that earned you this appointment, this is not the time for you to rest on your oars, your job as judges will further challenge your intellect, demand greater resourcefulness, task your creativity, stretch your patience, encroach on your time and test your value system”.

    The Governor disclosed that the 5 Judges were “screened, selected and appointed in line with laid down procedures for such appointments as enshrined in Section 271, sub section (2) of the 1999 constitution of the Federal Republic of Nigeria (as amended)”.

    Those sworn in are Mrs. Celestina Dafe-Idise, Egwu Joe, Dr. Anthony Ezonfade Okorodas, Blessing Oghale Ideh (Mrs), and Edun Ajueyitsi Joshua.

    In a different development, the Delta state governor approved the grant of total pardon to 5 inmates who were serving various terms of imprisonment, and commuted 30 others on death row to life imprisonment.

    This is contained in a statement released from the office of the Attorney-General and Commissioner for Justice, Mr. Peter Mrakpor.

    According to the statement, the governor acted in pursuant to powers vested on him in exercise of his powers of prerogative of mercy in the spirit of the Easter celebration and took into considerations the several international and local pleas including those from Amnesty International.

    The Attorney-General and Commissioner for Justice explained that the Governor acted in accordance to his constitutional powers based on the recommendations of the 7-Man Advisory Council on the Prerogative of Mercy headed by Chief Patrick Okpakpor that was inaugurated by the Delta Governor on 30th March, 2017.

    According to the statement, the Governor approved the grant of full pardon to the following inmates and ordered their immediate release; Livinus Ugwu (M) who was sentenced to 20 years, Enebeli Dike (M), a condemned convict, Orji Pascal (M), serving a 10 year jail term, Moses Agedah who was also on death row and Martins Ishiekwene, a prisoner sentenced to death on the 30th of November, 1998.

    The 30 inmates whose sentences were commuted by the Governor were all death row inmates, sentenced to death by hanging.

    The statement further stated that Okowa’s administration was irrevocably committed to better the lives of the people including prisoners as the government has come out with various rehabilitation programmes through skill acquisitions, trainings and other empowerment programmes geared towards their reintegration back into the society.

     

  • Wike swears in four judges

    Governor Nyesom Wike of Rivers on Monday swore in four judges of the State High Court and Customary Court of Appeal, charging them to resist intimidation by agents of the political class.

    Wike, while performing the swearing in ceremony in Port Harcourt, reminded them that they would be required by God to render account of their stewardship.

    He said that the judges now had the opportunity to make the state a better place by enthroning justice.

    He, therefore, urged them to uphold the rule of law and be fearless in the dispensation of justice.

    The judges included Justices Godwin Ollor and Uche Chuku of the State High Court and Justices Legor Senewo Frank Onyiri of the State Customary Court of Appeal.

  • Nigerian judicial system not corrupt; only few judges are – Onnoghen

    The Chief Justice of Nigeria, Walter Onnoghen, has said the entirety of the Nigerian judicial system is not corrupt but some few judges within the system are.

    According to a statement signed by his media assistant, Awassan Bassey, the CJN spoke at the 2018 refresher course for judges with the theme: ‘Enhancing the Quality of Judicial Services’. The programme was held at the National Judicial Council, Abuja on Monday.

    The statement said Onnoghen condemned certain acts of corruption noted among judicial officers and highlighted efforts being taken to sanitise the sector.

    “Our nascent democracy has to be nurtured, consolidated and developed. Democracy in itself is nothing if the implication of the fundamental principles enshrined in the constitution of this nation cannot be readily determined in constitutional adjudication by a judiciary manned by upright judicial officers. This is premised on the fact that, as the society depends on justice, those who are singularly advantaged to do justice to all manners of persons must ensure that they themselves are standing upright, far away from all manners of injustice.

    “The prestige of the Judiciary is indeed essential in the system of government such as ours in which the Judiciary functions independently. The behaviour of judges is, in the circumstance, closely scrutinised to guarantee continued confidence in the integrity of the courts. The combination of power, responsibility and humanity accounts for both the most exemplary and sometimes, the most regrettable judicial conduct. To this end, judges must exercise decorum in all their undertakings.

    “My Lords, Distinguished Ladies and Gentlemen, you will agree with me that a corrupt judge is not only a disgrace to the Bench and the noble profession, but also a disaster to the course of justice and the nation. I must not fail to emphasise here that my definition of corruption is not limited to bribe-taking, but includes the giving of judgements or orders based on any consideration other than legal merit,” the statement said.

    According to the statement, the CJN however denied any insinuation that the entire judicial sector was corrupt.

    “I must state categorically, however, lest I am accused of the fallacy of hasty generalisation, that the Judiciary in Nigeria is not corrupt or inefficient. It is an established fact that the Judiciary in Nigeria is as good as the best anywhere in the world. Only few judges are found wanting.”

    The statement further said Mr. Onnoghen expressed dissatisfaction with the remuneration of judicial workers at the state level, describing this as a major challenge.

    “My Lords, it is true that the Judiciary at the federal level enjoys full financial independence. Unfortunately, however, the same cannot be said of the state judiciaries. The funding of the Judiciary is crucial as it is the most important index for assessing its independence.

    “The issue of adequate funding at the state level is one of the greatest challenges confronting the Judiciary of this nation. It is imperative that the applicable provisions of the 1999 Constitution be duly amended to solve problems of State judiciaries. It is my hope that within the limits of our limited resources, the judiciary will continuously strive to achieve its constitutional mandate”.

     

  • Misconduct: LPPC sanctions two senior Nigerian lawyers, withdrawals SAN titles

    The Legal Practitioners Privileges Committee, LPPC, on Thursday announced the withdrawal of the title of Senior Advocate of Nigeria (SAN) from two lawyers for misconduct.

    In a statement signed by its secretary, Hadiza Mustapha, the committee said the first affected lawyer, Oluwatoyin Bashorun, would not be allowed to re-apply for the position till after three years.

    According to the statement, the other lawyer, Kunle Ogunban has been relinquished of all privileges attached to the title.

    “At the last Emergency Meeting which was held on September, 15 2017; the Legal Practitioners’ Privileges Committee by virtue of Section 5 (1) of the Legal Practitioners Act CAP L11, Laws of the Federation of Nigeria. 2004 as amended, decided to suspend the oonferment of the rank of Senior Advocate of Nigeria on Oluwatoyin Ajoke Bashorun Esq. pending the investigation of all petitions filed against her.

    “This is to notify the General Public that after a thorough investigation of the petition, the sub-committee as setup by the Legal Practitioners’ Privdeges Committee (at which the Applicant was given a fair hearing) at its 129m Plenary Meeting upheld the recommendations of the subcommittee to wit:

    “That the petitioner’s petition is meritorious, having found that the respondent stayed and continued to stay in a rented property for nine years without paying rent.

    “That Oluwatoyin Ajoke Bashorun Esq. being an officer in the temple of Justice and an aspirant to the exalted position of Senior Advocate of Nigeria has conducted herself in a manner which is clearly in contravention of the provisions of paragraphs 18(2) (a) & (c) and 19 (a) (b) (c) & (d) of the,” the statement said.

    Regarding Mr. Ogumba, the statement said thus:

    “Honeywell Group petitioned Kunle Ogunba SAN alleging professional misconduct against him. The misconduct allegedly consists of the institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice.

    This is to further notify the General Public that after a thorough investigation of the petition by the sub-committee set up by the Legal Practitioners’ Privileges Committee (at which the Respondent was given a fair hearing) it was decided that the petition is meritorious. Consequently, the Legal Practitioners’ Privileges Committee at its 129th Plenary Meeting has withdrawn the rank of Senior Advocate of Nigeria from Kunle Ogunba Esq. and all other privileges attached to the rank forthwith.”

    According to the statement, the guidelines for the conferment of the title which Mr. Bashorun was found wanting in complying with include the following:

    “The candidate must be of good character and must have no pending disciplinary case or complaint relating to professional misconduct against him. A candidate shall he considered ineligible if in the opinion of the Legal Practitioners’ Privileges Committee the candidate is adjudged to be of the following disposition:

    “Bad behaviour, whether in or out of Court; poor temperament or propensity to insult or assault people or cause them harm or put them in a state of fear of bodily harm;

    “Evidence of moral depravity or other socially unacceptable behaviour; 19(I) A candidate must:

    “Demonstrate high professional and personal integrity; b. Be honest and straightforward in all his professional/personal dealings,c. Be of good character and reputation; d. Be candid with clients and professional colleagues.”

  • EFCC, Judges purported immunity and separation of powers

    EFCC, Judges purported immunity and separation of powers

    By Carl Umegboro

    Unambiguously, Section 98 of the Criminal Code, CAP C38, Laws of the Federation of Nigeria, provides for ‘official corruption’ by public officials including inviting or receiving bribes, property or benefits for a favour in the discharge of official duties, and pegged the punishment to 7 years imprisonment if found guilty of the felony. The classification clearly includes judicial officers and condition precedent is commission or omission of deeds that are listed therein.

    Without a doubt, the theory of separation of powers is domiciled in the 1999 Constitution of the Federal Republic of Nigeria providing for each of the three arms of government, to wit; executive, legislature and judiciary some degrees of protection from interferences. The concept traceable to the ancient Greek philosopher, Aristotle was evident in the Second Treatise of Civil Government, a 1690 political script by John Locke, an Englishman. However, a French jurist, Baron de Montesquieu through The Spirit of the Laws (1748) took it to the next level and thus, universally brand-named. Essentially, the objective is to entrench checks and balances in governance against absolutism.

    Incidentally, the Court of Appeal in Hon Justice Ngajiwa v FRN par Justice Obaseki Adejumo, JCA who delivered the lead judgment stated that by the doctrine of separation of powers in the constitution, Economic and Financial Crimes Commission (EFCC) lacks powers to investigate or prosecute serving judicial officers except such judicial officers have first been dismissed or retired by the National Judicial Council (NJC), and consequently dismissed the appeal. However, the court failed to put into consideration a scenario where a particular act by a judicial officer amounts to both a criminal offence and gross misconduct which implies that whilst the NJC battles it as a gross misconduct, the Police or EFCC freely investigates and prosecutes on the criminal aspects. Emphatically, a deed could simultaneously amount to misconduct and crime, and distinguishably, the former only breaches professional ethics unlike crimes that are offences against the state.

    In all fairness, the judgment is isolationistic for the judiciary. It implies that the court has diplomatically designed additional immunity clauses for the judiciary, on a par with the president, vice president, governors and deputies. The legislature too have severally, moved motions to accord same to their principal officers but still pirouetting. It therefore leaves the helpless masses as the only losers without any immunity as any misconduct pitilessly quarantines them up to the maximum prison.

    Imperatively, all the advocates of separation of powers have one object in common; that concentration of powers in a single authority tantamount to political blunder and will inevitably open doors for tyranny and oppression, synchronizing that absolute powers corrupt absolutely according to Lord Acton, a British historian of the late eighteenth and early twentieth centuries. Thus, the objective is stringently to restrain power in government circles and not for protectionist tendencies. Arising from the philosophy, for example, in the 1999 Constitution, the executive is involved in the appointment and removal of judges in Sections 292 and 231. Similarly, the president assents to bills passed by the National Assembly in Section 58(3) whilst the legislature, on the other hand confirms appointments made by the president pursuant to Section 147. Then, in Sections 80 and 81, the legislature ultimately performs the duties of the custodian of the federation account as its authorization is sacrosanct.

    Interestingly, whilst the appellate court theoretically emphasized on the doctrine, it ridiculed it in reality as its verdict contradicted the ultimate goals. The verdict pragmatically footnotes that judicial officers are sacred cows, and will only be charged if and when it pleases them. The court also went astray forgetting that by the judgment, NJC; arm of the judiciary has effusively usurped the powers of the executive to investigate crimes. It preemptively boils down that allegations against judicial officers may no longer see the light irrespective of the weight of evidences as power of investigation is purportedly vested in colleagues unlike other countries where serving judges had been severally arrested by security agencies and made to face the law as other citizens.

    By the existing constitutional arrangements, judicial officers are not immune from criminal prosecutions except while on official duties. A judicial officer who commits criminal offences can be arrested outside the court premises as official duties are strictly limited to juristic obligations which bribery, treasury-looting, murder and other vices are not inclusive. At the moment, immunity from criminal prosecution is provided in Section 308 CFRN and covers only the government officials listed therein. A salient question is could a judge who pulled out a rifle and shot a person be left for NJC to investigate prior to prosecution by the Police? Even whilst the immunity as stated above subsists, Section 143 supra unequivocally enabled the legislature which is a different arm, pursuant to checks and balances, to investigate the executive officials covered by the clause and if culpable, impeach them in lieu of prosecution unlike the present strange judicial missile that judicial officers are untouchable except by colleagues in the profession. In a nutshell, the verdict is a mockery on the Montesquieu theory and must not see green light at the apex court.

    Umegboro, a public affairs analyst wrote from Lagos.

  • JUST IN: Appeal Court bans EFCC from investigating serving judges

    The Lagos Division of the Court of Appeal has ruled that the Economic and Financial Crimes Commission (EFCC) does not have powers to investigate or prosecute serving judicial officers except where such officers have been dismissed by the National Judicial Council.

    The judgment was delivered in a suit between the EFCC and a judge of the Federal High Court, Hydiazira Nganjiwa.

    The appellate court’s decision overturned the earlier decision of a high court in Lagos.

    Many serving judges including from the Supreme Court are currently being prosecuted for corruption by the EFCC.

    Details later…

  • NJC commences probe of 15 judges

    The National Judicial Council, NJC has commenced the investigation of 15 judges nationwide, following petitions written against them by aggrieved litigants.

    Among the judges being investigated are two Chief Judges.

    Accordingly, the NJC has constituted 15 committees to investigate various allegations in the petitions against the judges.

    NJC’s Director of Information, Soji Oye, who disclosed these in a statement on Monday, was silent on the identity of the affected judges.

    Oye said NJC constituted the committees at its 83rd meeting held in Abuja last week.

    “During the meeting the NJC considered the reports of the two Preliminary Complaints Assessment Committees (PCAC) set up to examine 46 petitions written against judges of both federal and state courts,” he said.

    According to him, the Council also agreed to recommend a Lagos-based lawyer, Adesina Ogunlana, to the Legal Practitioners Disciplinary Committee (L.P.D.C.) for misconduct, for allegedly using “uncouth” language in a petition he wrote against a former Chief Judge of Lagos, Justice O. O. Atilade.

    Oye said the NJC treated as withdrawn, the petitions against Ondo State’s Acting Chief Judge, Justice O. O. Akeredolu and Justice J. T. Tsoho of the Federal High Court.

    He said the Council also issued two letters of advice to Justice M. A. Dada of the Lagos State High Court and. Justice Chukwudi Charles Okaa of the Anambra State High Court for violation of extant laws in the course of their judicial duties.

     

  • Take hard decisions, heaven will not fall, CJN tells judges

    The Chief Justice of Nigeria, Justice Walter Onnoghen, on Friday, urged 19 newly appointed judges of the National Industrial Court to operate within the ambit of the laws.

    Onnoghen gave the advise after administering the oath of office and oath of allegiance on the new judges in Abuja.

    “When you need to take hard decisions, take it; heavens will not fall. Heaven has never fallen because of anybody’s judgment.

    “We can only checkmate impunity through adherence to the law.

    “You must be guided by the oaths of allegiance to the Nigerian Constitution and the office.

    “I want to advise judicial officers, particularly those of you that have just been sworn in, to always be guided by the Constitution, the laws and your conscience.

    “I assure you that as judicial officers if you remain true to the oaths of your office, you have no problem.

    “Anything you need to function in that office is contained in the oath of office,” he said.

    The sworn in judges included Targema John Iorngee (Benue); Namtari Mahmood Abba (Adamawa); Nweneka Ikechi (Rivers); Kado Sanusi (Katsina) and Adeniyi Oluyinka (Ogun).

    Others are Abiola Adewemimo (Osun); Opeloye Ogunbowale A. (Lagos) Essien Jeremiah (Akwa-Ibom) Elizabeth Oji (Ebonyi) Arowosegbe Ojo (Ondo); Ogbuanya Chukwudi (Enugu) and Bashir Zaynab Mohammed (Niger).

    The rest are Galadima Suleiman (Nasarawa); Bassi Ahmed (Borno); Danjidda Hamisu (Kano) Hamman Polycarp (Taraba) Damulak Dashe (Plateau); Alkali Attahiru (Sokoto) and Mustapha Tijjani (Jigawa).

    TheNewsGuru.com reports that the number of the judges of the NIC has now risen from 20 to 39.

     

     

    NAN

  • [BREAKING] Full list: 19 judges approved by Osinbajo for National Industrial Court

    [BREAKING] Full list: 19 judges approved by Osinbajo for National Industrial Court

    The acting President, Yemi Osinbajo, has approved the appointment of 19 judges for the National Industrial Court.

    The approval by the Acting President was based on the recommendation made to him by the National Judicial Council.

    A statement by the NJC’s Director of Information, Mr. Soji Oye, disclosing this on Tuesday, said the new judges appointed from 19 states of the federation would be sworn-in on Friday.

    The newly appointed judges with their states of origin are, Targema John Iorngee (Benue), Namtari Mahmood Abba (Adamawa), Nweneka Gerald Ikechi (Rivers), Kado Sanusi (Katsina), Adeniyi Sinmisola Oluyinka (Ogun), Abiola Adunola Adewemimo (Osun) Opeloye Ogunbowale (Lagos), Essien Isaac Jeremiah (Akwa-Ibom) and Elizabeth Ama Oji (Ebonyi) .

    Others are, Arowosegbe Olukayode Ojo (Ondo), Ogbuanya Nelson S. Chukwudi (Enugu), Bashir Zaynab Mohammed (Niger), Galadima Ibrahim Suleiman (Nasarawa), Bassi Paul Ahmed (Borno), Danjidda Salisu Hamisu (Kano), Hamman Idi Polycarp (Taraba), Damulak Kiyersohot Dashe (Plateau), Alkali Bashar Attahiru (Sokoto), and Mustapha Tijjani (Jigawa).

    The NJC statement read in part, “They will be sworn-in by the Honourable, The Chief Justice of Nigeria and Chairman, National Judicial Council, Hon. Justice W. S. N. Onnoghen, GCON, on Friday, 14th July, 2017, by 3.00pm at the Supreme Court of Nigeria.”

  • Panic as gunmen shoot EFCC official investigating judges

    Unknown gunmen have shot an official of the Economic and Financial Crimes Commission, EFCC, Austin Okwor last Saturday (June 24) while leaving his office in Port Harcourt.

    Okwor is presently receiving treatments after sustaining injuries from the gunshot.

    According to a statement by the spokesperson of the antigraft agency, Mr. Wilson Uwujaren, Okwor was one of the operatives investigating some sensitive cases including a case pertaining to alleged corrupt judicial officials.

    The commission said Okwor, who is attached to the Property Fraud Section of the EFCC zonal office in Port Harcourt, was shot on June 24 while leaving his office.

    The statement partly read, “Mr. Austin Okwor, an operative in the Property Fraud Section of the EFCC zonal office in Port Harcourt, had closed late for the day and as he left office, he was suddenly accosted by a gang of daredevil hoodlums who opened fire on him.

    “Luckily for him, he was able to shake off his assailants but not without sustaining some bullet wounds as they kept firing at him. He was rushed to a private hospital in Port Harcourt where he is receiving treatment.

    “According to Ishaq Salihu, Head of the zonal office, the incident has already been reported to the police in Port Harcourt. Okwor is one of the operatives investigating some sensitive cases including that pertaining to corrupt judicial officials.”

    The anti-graft agency said the victim had been receiving threat messages before the incident. One of such messages which he received last month was reported to the police.

    The commission said the incident underlined the hazards which operatives were daily exposed to in the discharge of their duties.

    It noted that on September 14, 2010, the head of the commission’s Forensic Unit, Abdullahi Muazu, was shot and killed by unknown gunmen in Kaduna.

    Six months earlier, a team of prosecutors returning to Enugu after a court appearance in Owerri, Imo State, was attacked by gunmen who opened fire on them. Sergeant Eze Edoga, the police escort, was killed while a senior counsel with the commission, Joseph Uzor, was wounded but survived.