Tag Archives: Chief Justice

Femi Falana hails new Gambian CJ Jallow

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Human rights lawyer, Mr. Femi Falana (SAN), has lauded the newly-appointed Chief Justice of The Gambia, Justice Hassan Bubacarr Jallow.

Justice Jallow was sworn in by President Adama Barrow in Banjul on February 15.

Falana recalled that Justice Jallow, who is the second Gambian to serve as Chief Justice was the Minister of Justice and Attorney General until the Yayah Jameh coup ousted the Jawara government in 1994.

He described Jallow’s appointment as “a plus to the judiciary in West Africa.”

Falana said, “He had also served as a Justice of the Supreme Court of The Gambia before his appointment as a United Nations prosecutor in Rwanda. Justice Jallow is the current chair of the Africa Group on Justice and Accountability.

“The appointment of Hassan Jallow as Chief Justice has been hailed as a plus for the judiciary in West Africa. Jallow’s appointment and the decision of the government to return to the International Criminal Court have confirmed the determination of the Adama Barrow administration to end official impunity and restore the rule of law and judicial independence in The Gambia.

“Even though the African Commission on Human and Peoples’ Rights is located in Banjul the human rights record of The Gambia was the worst in West Africa under President Jammeh.

“Over the years the courts in The Gambia became completely compromised. As victims of gross abuse of human rights lost total confidence in the local courts they were compelled to seek relief in the Community Court of Justice of the Economic Community of West African States.

“Although the victims won their cases the government refused to comply with the judgments of the court.”

He expressed confidence in Jallow’s ability to rebuild The Gambian judiciary.

Falana said, “No doubt, the task of rebuilding the judiciary in The Gambia after 22 years of authoritarian rule is daunting.

“But having worked closely with Justice Hassan Jallow in the Africa Group on Justice and Accountability, I have no doubt that he has the capacity to serve his country with commitment and distinction.

“His Lordship will certainly enjoy the cooperation of The Gambian Bar Association which has been in the forefront in the defence of the rule of law and independence of the judiciary.”

With just 3 days left, Presidency may still confirm Onnoghen as CJN – Official

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Three days to a constitutional deadline to confirm Walter Onnoghen as substantive Chief Justice of Nigeria, the presidency has given the clearest indication yet that it may still confirm the judge.

The spokesperson to Acting President Yemi Osinbajo,  Laolu Akande, gave this indication on Monday in an interview with PREMIUM TIMES.

When asked if Mr. Onnoghen’s name will be submitted by the acting president to the Senate before the February 10 deadline, Mr. Akande said, “There is still time, today is February 6, we will find out what will happen, there is still time.”

PREMIUM TIMES had reported how Mr. Onnoghen’s role as Acting Chief Justice will lapse on February 10 after which President Muhammadu Buhari or Mr. Osinbajo as acting president would be unable to submit the judge’s name to the Senate any more based on a constitutional provision.

Several lawyers and activists have since condemned the president for not submitting Mr. Onnoghen’s name and not addressing Nigerians on reasons for his inaction, since the name was forwarded to him in October, 2016 by the National Judicial Council, NJC.

Influential statesman, Abubakar Umar, advised the NJC not to submit any other name to the president should he fail to submit Mr Onnoghen’s name to the Senate as appropriate.

“Already, many analysts view this action as a ploy to deny a Southerner his right to succession  based on  his seniority in keeping with the appointment protocol observed (by) the NJC in making the appointment,” Mr. Umar, a retired colonel, said.

“In the event of this occurrence, the NJC must not forward any other name nor should the Senate confirm any other nominee.”

Also at its meeting on January 31, the Yoruba Socio-Political group, Afenifere, condemned Mr. Buhari for ‘refusing’ to forward the recommendations of the National Judicial Council for the confirmation of Mr. Onnoghen as Chief Justice of Nigeria.

“Afenifere is worried that almost few days to the end of the three months tenure in acting capacity allowed by our constitution, the President has refused to forward the recommendations of the NJC in respect of Justice Onnoghen to the National Assembly for confirmation.

“We see this as an assault on the constitution if the three months tenure expires and he is not confirmed as the CJN of Nigeria.

“It is an attempt to cruelly end the career of a worthy Nigerian. Therefore, we call on the President to within the few days left to the expiration of the tenure of the Acting CJN to send his name to the Senate for confirmation as Nigeria’s CJN,” the group said.

Mr. Onnoghen has also spoken on the controversy, asking Nigerians not to pressure Mr. Buhari into submitting his name as substantive chief justice.

Many Nigerians had expected President Buhari to arrive Nigeria by Monday when he was scheduled to resume after an announced 10 working days vacation. The president was expected to, upon his arrival on February 6, address the controversy surrounding the appointment of the head of Nigeria’s judiciary.

However, the onus now lies on Mr. Osinbajo to act after Mr. Buhari extended his vacation.

It was in reaction to what action his principal would take that Mr. Akande made the statement.

Mr. Akande also spoke on the media report that Mr. Onnoghen has been cleared by the State Security Service, SSS (also called DSS), of any wrongdoing.

“I did not know of any investigations and I am not going to talk on that,” he said.

Mr. Onnoghen has also said he is not aware he was investigated or cleared by the SSS.

In an interview with PREMIUM TIMES on Monday, his media assistant, Awassam Bassey, said he was not in the know of any investigation of his principal by the SSS or of any report on him.

“We were just informed through the media like yourself. I was just with His Lordship and we were looking at it. Frankly speaking, we are not the source quoted in that report.

“I don’t have any information as to where that report is coming from,” Mr. Bassey said.

A report by The Nation newspaper quoted unnamed sources as saying that Mr. Onnoghen was investigated by the SSS and that he had been given a ‘clean bill of health’.

“All hurdles against the nomination of Justice Walter Onnoghen as CJN have been resolved. He has been absolved of all allegations against him.

“As a matter of fact, the nomination was delayed as a result of the need to address these allegations. Now, Justice Onnoghen has been given a clean bill of health.

“Every allegation was investigated and proofs indicated that Onnoghen has no case to answer. The government went to this extent to ensure that the holder of the office of CJN is above board,” the report stated.

The SSS is known to conduct background investigations on public office holders including judges, ahead of their appointments, in line with its constitutional obligation to ensure the security of Nigeria.

Zimbabwe holds first public interviews for Chief Justice

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Zimbabwe held its first ever public interviews for the vacant post of Chief Justice on Tuesday.

The public interviews was to reflect President Robert Mugabe’s reduced authority under a constitution adopted three years ago in the southern African country.

In the past, Mr. Mugabe had sole authority to appoint the head of the judiciary, but the 2013 charter required candidates to be interviewed by the Judicial Services Commission (JSC), a panel of mostly senior judges and lawyers.

Mr. Mugabe then chooses from three names submitted by the JSC.

A University of Zimbabwe law student last week asked the High Court to stop the interviews, arguing that the process was not transparent since the candidates were colleagues of, and known to, the interviewing panel.

The High Court on Sunday ruled in favour of the student, who also wanted Mr. Mugabe alone to appoint the Chief Justice.

The government says it plans to change the constitution to give Mr. Mugabe that sole responsibility but the JSC, which employs all judges and magistrates, appealed the decision at the Supreme Court, automatically setting aside the High Court ruling.

The JSC decided early on Monday to interview three candidates, which was broadcast live on state television.

The candidates are; Deputy Chief Justice Luke Malaba, Constitutional Court Judge Paddington Garwe and Chairwoman of the Electoral Commission and Secretary of the JSC,Rita Makarau.

New Chief Justice, Onnoghen vows to sack more corrupt judges.

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The acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen Thursday, vowed to continue with the fight against corruption in the judiciary.

Onnoghen’s inauguration by President Muhammadu Buhari followed the expiration of the tenure of Justice Mahmud Mohammed as the CJN. The new CJN will serve in an acting capacity till his appointment is confirmed by the National Assembly.

At the brief ceremony held in the Presidential Villa, Abuja, President Buhari urged Justice Onnoghen to use his position to assist the government in tackling the three most identifiable problems of corruption, economy and physical insecurity facing the country.

Buhari noted that Onnoghen was assuming office at a trying time for the country, a situation he said required the cooperation of the judiciary to develop the country .

He stressed the need for the judiciary to specifically assist the executive in reinvigorating the country in terms of security and managing it efficiently, while making sure that the economy was resuscitated and the security of doing business was guaranteed.

Earlier in his brief remarks after? taking the oath of allegiance, Justice Onnoghen described the moment as overwhelming, but assured the president of the fullest cooperation of the third arm of government, especially at the existing stage of the nation’s development and the fight against graft.

While thanking Buhari for the confidence reposed in him, the acting CJN promised to continue from where his predecessors had stopped in the struggle to build a better judiciary for the country.

The 66 year-old Onnoghen who became a Justice of the Supreme Court in 2005, said: “?At this state in our development and thought programme, I assure you of the fullest cooperation of the third arm of government in the continuation of the war against corruption and misconduct in the judiciary.

“Where my predecessors stopped I intend to carry on from there, modify certain areas but with the general ultimate aim of having a better judiciary befitting the nation Nigeria.? Thank you for the confidence reposed in me and by the grace of God we shall succeed.”

Justice Mohammed ?urged Nigerians to assist the government “to fish out those corrupt elements within the judiciary.” Fielding questions from State House correspondents immediately after the ceremony, the former CJN said there was the need to fight with vigour in order to deliver a clean judiciary for the nation, and assist in revamping the economy for the interest of Nigerians.

Earlier at the valedictory session held in his honour, Justice Mohammed had reiterated that the independence of judiciary remained a prerequisite for efficient functioning of the society. He said the judiciary as an institution must be protected and carefully handled.

His words: “The independence of the judiciary is a condicio sine qua non for any civilised society to function effectively and peacefully. It is an institution which, more than any other, must be protected, sustained and carefully handled. We must therefore continue to guard the eternal flame of justice in our land in order to ensure that it is not extinguished.

“Where the rule of law is absent and due process disregarded, then the sentinel of civilisation is missing and I am sure we would not desire to see the results that such loss causes.”

Despite the allegations against the third arm of government, Justice Mohammed said he was proud of the judiciary, noting that Nigeria as a nation owed the sector gratitude for guarding the nation’s democracy against threatening political winds.

“Our nation owes the judiciary a debt of gratitude for standing firm in the face of contrary winds that threatened to blow our nation’s democracy off course.

“During the run-up to the 2015 elections, our judicial officers withstood immense pressure in order to guarantee a level playing field and smooth transition of government, which ensured that we were spared a re-enactment of the June 12 saga.

“In fact, the courts, thus securing the electoral process, disallowed so many frivolous matters aimed at truncating the electoral process.

“I must particularly commend the Supreme Court for refusing to be intimidated or influenced by any candidate or political party, and I make no apologies for the firm stand that we took in our decisions.

“I am proud to be a part of the Supreme Court which refused to be cowered into truncating the electoral process. I am proud to have headed this noble arm of government and steering it through some very stormy waters.

“I am proud of the Nigerian judiciary. Indeed, the need to protect the institutions of the judiciary from undue influence was a key concern of mine during my tenure,” the former CJN said.