Tag Archives: CJN

Nigeria’s Senate Set To Screen Walter Onnoghen on March 1st

Posted on by
15

Nigeria’s Senate President, Dr. Bukola Saraki, has announced that the upper chamber will screen the Acting Chief Justice Of Nigeria, Justice Walter Onnoghen on Wednesday, March 1.

Senator Saraki made the announcement at the resumption of plenary on Tuesday morning.

Acting President, Yemi Oshinbajo, had sent the name of Justice Onnoghen to the senate for confirmation as Chief Justice Of Nigeria on February 8, just two days before the expiration of his three –month acting tenure.

Also, The National Judicial Council (NJC), had extended Mr Onnoghen’s tenure by another three months on the grounds that it may have been impossible for the Senate, which was on recess at the time, to reconvene and screen Onnoghen before the expiration date of his tenure.

The initial delay by President Buhari to send his name to the Senate had been trailed by criticism and condemnation, with some alleging ethnic bias as the reason for the president’s “seeming reluctance”.

The nomination was however contained in the presidency’s twitter handle saying: “Hon. Justice W.S. Onnoghen’s name has been sent to the Senate for confirmation as the next CJN.”

Justice Onnoghen has been a Justice of the Supreme Court of Nigeria since 2005.

If confirmed by the Upper Legislative Chamber, he would be the first CJN from the southern part of the country in about 30 years.

 

Source: Channels TV

CJN Onnoghen Urges States To Domesticate Criminal Justice Act

Posted on by
1

The Acting Chief Justice Of Nigeria, Justice Walter Onnoghen, has called on state governments to domesticate and implement the Criminal Justice Act.

This according to him, is to effectively resolve the challenge of prison congestion and delay in courts.

Represented by the Supreme Court Judge, Justice Mary Peter-Odili, at a judicial colloquium on the Administration of Criminal Justice Act in Abuja, the CJN noted that the application of the Federal Law through the state Houses of Assembly, would fast track judicial decisions which would in turn protect and empower citizens.

Furthermore, she revealed that 70% of the prison population in the country are awaiting trial; a situation she says speaks volumes of the system.

However, after years of mere talk, the judiciary have once again swung open the doors of reforms in the justice system, while also hoping that the government would invest in it more, so as to meet growing demands.

The Politicization Of The Appointment Of The CJN Is Dangerous – Okoi Obono-Obla

Posted on by
1

The orchestrated personal attacks, innuendoes, accusations and allegations being leveled against President Muhammadu Buhari by some interest groups including some senior lawyers over his alleged delay in the nomination of Justice Walter Samuel Onnoghen as the Chief Justice of Nigeria is totally and entirely misplaced and wrong.

The opportunistic and self-serving campaign by some senior lawyers and groups is regrettable and unacceptable.

I make bold to say that President Muhammadu Buhari has not violated any provision of the Constitution as far as the issue of the appointment of the Chief Justice of Nigeria is concerned.

It is settled that Justice Ayo Salami was removed from office as President of the Court of Appeal on the 11th August 2011; late Justice Dalhatu Adamu was appointed Acting President of the Court of Appeal by then President Goodluck Jonathan in August 2011. He held the office of President of the Court of Appeal in an acting capacity for 15 over months.

After 15 months as Acting President of the Court of Appeal the name of late Justice Dalhatu was not eventually recommended and to President Jonathan for nomination as the substantive President Court of Appeal by the National Judicial Council; rather the name of Justice Zainab Bulkachawa was recommended by the National Judicial Council and sent by the then President Goodluck Jonathan to the Senate on March 19, 2014, for confirmation.

Before then, Justice Zainab Bulkachawa was appointed Acting President of the Court of Appeal by President Jonathan and was in office for almost one year before her name was sent to the Senate for confirmation as President of the Court of Appeal.

It follows that the Court of Appeal had an Acting President from August 2011 to March 2014; where were these senior lawyers who are now giving the impression that there had never any precedence over the appointment of an acting appointment concerning senior judicial appointments in the country then?

Some of the senior lawyers who are vociferous in the condemnation of President Muhammadu Buhari now were then members of the National Judicial Council, but they buried their heads in the ground like the ostrich!

It is misleading for these senior lawyers to create the impression that there has never been any precedence concerning the appointment of an Acting Chief Justice of Nigeria.

One time Chief Justice of Nigeria, Justice Idris Legbo Kutigi was appointed Acting Chief Justice of Nigeria in January 2007 by then President, Olusegun Obasanjo before he was eventually nominated and confirmed by the Senate!

Where were these senior lawyers who are unethically and unreasonably trying to politicize the appointment of the Chief Justice of Nigeria?

On September 9th 2009, the then Chief Justice of Nigeria, Honourable Justice Idris Legbo Kutigi (as he then was) sworn into office Honourable Justice Dantshoho Abutu (as he then was) as the Acting Chief Judge of the Federal High Court after the retirement of then Chief Judge, Honourable Justice Mustapha Abdullahi (as he then was) on the 4th September, 2009.

The appointment of Honourable Justice Dantshoho Abutu (as then was) as Acting Chief Judge of the Federal High Court was okayed by the then late President Umaru Musa Yaradua.

Are these senior lawyers now trying to lie to us suffering from amnesia? Or are they simply mischievous?

In so many States of the Federation, we had had these Acting appointments of Chief Judges of these States. Presently in Enugu State, the Chief Judge is in acting capacity!

Gladly Honourable Justice Onnoghen has wisely and maturely issued a statement disassociating himself from these unwarranted and needless campaign and attacks on the person of President Buhari by these self-seeking and opportunistic meddlesome interlopers.

One would have expected these senior lawyers to meet and discuss with the learned Honourable Attorney General of the Federation or even the Acting President of the Federal Republic of Nigeria on the matter (who is also a senior lawyer and much-respected voice in the country legal circles) but they are unfortunately and busy grandstanding and trying to further desecrate the office of the Chief Justice of Nigeria by politicising it!

Acting CJN: No need to threaten Buhari over my appointment

Posted on by
Reply

Walter Onnoghen, acting chief justice of Nigeria, has appealed to Nigerians to give President Muhammadu Buhari a “free hand” to perform his constitutional duties.

The refusal of Buhari to send Onnoghen’s name to the senate for confirmation has attracted criticisms.

Earlier on Thursday, Abubakar Umar, former military governor of Kaduna state, urged the senate not to confirm any nominee for the position of chief justice of Nigeria (CJN) apart from  Onnoghen.

He accused the president of being pro-north, saying the lack of explanation on the delay has left Nigerians “ guessing and speculating”.

But the acting chief justice has called for restraint.

“Nigerians should allow President, Muhammadu Buhari, GCFR, a free hand to perform his constitutional duties concerning the appointment of a substantive chief justice of Nigeria,” he said in a statement issued on his behalf by Awassam Bassey, his media aide.

“Honourable Justice Onnoghen believes the president does not need any threat or ultimatum to perform his constitutional duties and therefore dissociates himself from those individuals and groups making such demands on the president.”

Onnoghen expressed gratitude to Nigerians for the interest they have shown in the issue, but maintained that issuing ultimatum amounts to disrespect for the “exalted” office of the president.

“However, the acting chief justice of Nigeria and the Nigerian judiciary sincerely appreciate the interest of Nigerians towards the appointment of a substantive chief justice of Nigeria to oversee the affairs of the judiciary as the third arm of government, but believes that issuing an ultimatum to Mr. President appears to be going too far and smacks of disrespect for the exalted office of the president,” the statement read.

“The acting chief justice therefore appeals for caution on the issue of the appointment of chief justice of Nigeria as Mr President goes about his constitutional duties, especially considering the fact that the given time for him to act as Chief Justice of Nigeria has not expired.

“In conclusion, the Acting Chief Justice wishes to thank all Nigerians for their support and continued prayers while calling on them to back the federal government in the fight to make the country a better place for all.”

Buhari appointed Onnoghen – the most senior justice of supreme court –  as acting CJN on November 16, following the retirement of Mahmoud Mohammed.

Umar says Buhari is pro-north, asks senate to reject any CJN nominee if not Onnoghen

Posted on by
Reply

Abubakar Dangiwa Umar, former military governor of Kaduna state, has urged the senate not to confirm any nominee for the position of chief justice of Nigeria (CJN) apart from Walter Onnoghen.

 

In November, President Muhammadu Buhari appointed Onnoghen – the most senior justice of supreme court –  as acting CJN following the retirement of Mahmoud Mohammed.

 

Since then, the presidency has not forwarded Onnoghen’s name to the senate for confirmation.

 

His three-month acting term will elapse on February 10.

 

In a statement on Thursday, Umar said the failure of the presidency to forward Onnoghen’s name to the senate for confirmation without any reason “leaves Nigerians guessing and speculating”.

 

“In a few days, the tenure of acting appointment of justice Onnoghen will expire. Going by our extant constitution, the acting CJN  will be disqualified  from appointment as the substantive CJN unless the NJC resubmit his  nomination to the president,” Umar said in a statement.

 

“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 the NJC in making the appointment.

 

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

 

“This will serve to check the excesses of this administration and reinforce the unity of the nation which has already been  pushed to the precipice by the recruitment  and appointment policies of a government  which tends to favour the north in violation of the federal character provision of the constitution.”

 

On Tuesday, the Cross River caucus in the national assembly also asked Buhari to submit the name of Onnoghen to the senate for confirmation without “further delay”.

Afenifere gives Buhari ultimatum over Onnoghen’s confirmation as CJN

Posted on by
Reply
The pan-Yoruba socio-political group, Afenifere, has given President Muhammadu Buhari a nine-day ultimatum to forward the name of the acting Chief Justice of Nigeria, Justice Nkanu Onnoghen to the Senate for approval.

At its meeting held in the house of the leader, Pa Reuben Fasoranti yesterday in Akure, Ondo State, Afenifere also asked the Federal Government to constitute a committee that will restructure the country.

The position of Afenifere has intensified the call for the confirmation of Onnoghen before his acting period expires.

According to Afenifere, the unity of the race must be paramount irrespective of religious inclination, political affiliation and social background.After over five hours of meeting, the group called for the implementation of the report of the 2014 National Conference to tackle the problems threatening the existence of the country.

Reading the communiqué issued at the end of the meeting, Afenifere spokesman, Mr. Yinka Odumakin, said the Yoruba leaders were displeased with the government’s refusal to send the recommendation of the National Judicial Council (NJC) to the National Assembly for confirmation.

Afenifere which lamented that the three months of acting capacity of Onnoghen, as allowed by the constitution, is about to expire, urged Buhari to comply with the recommendation despite the few days left for his tenure to expire.

“We see this as an assault on the constitution if the three months expire and he is not confirmed as CJN of Nigeria. It will be an assault on our constitution and an attempt to crudely end a career of a worthy Nigerian.

“Therefore we call on Mr. President to within the few days left to the expiration of the acting tenure of Justice Onnoghen send his name to the Senate for confirmation as Nigeria CJN, as he is the man in line because that is what the constitution says.”

Afenifere also expressed worry about the mass killing in southern Kaduna, Middle Belt communities, Igboland, Oke-Ogun in Oyo State and other parts of the country where there were clashes between herdsmen and farmers.

Odumakin said: “The meeting was elated that the Yoruba have closed ranks as witnessed in the historic gathering which represents a new beginning for the race.

“It is high time the Yoruba nation put aside partisan differences and come together and make Yoruba land and redirect the affairs of Nigeria the way the Yoruba did in the years before independence, when we worked with our friends in Nigeria to negotiate the federal constitution which brought our independence.

“The meeting observed that the state of Nigeria at the moment is very frightening and worrying and uncertainty looms in the air.

“We are worried about the mass killing going on in southern Kaduna and all over Nigeria, and the states appeared to be helpless and sometimes unwilling to curb the excess of these killers.”

Alluding to President Buhari, who is currently in a foreign country for medical treatment, Afenifere emphasised that “Nigeria today lies prostrate in the intensive care of sick countries because we have refused to run Nigeria, the multi-ethnic state, along federal lines.”

The socio-political group resolved to set up a committee to rouse the Yoruba nation and to network with its friends and like-minds across Nigeria to make the country work.

“This country must be restructured before we go for another election because we cannot afford to continue to slide dangerously on the part of anarchy.

“The main focus is to get all hands on deck for the mobilisation towards the implementation of the recommendation of the 2014 National Conference which was submitted to the Federal Executive Council, that is the minimum we demand,” the group said.

Also yesterday, Lagos lawyer and human rights activist, Ebun-Olu Adegboruwa, sued President Buhari, at the Federal High Court, Lagos, praying for an order to preserve the office of the CJN.

Other respondents in the suit are the Vice-President, Prof. Yemi Osinbajo (SAN), the Senate, the NJC, Onnoghen and the Attorney-General of the Federation (AGF).

The plaintiff is asking the court to direct the president, and in his absence the vice-president, to forward the name of Justice Onnoghen to the Senate for confirmation as the CJN.

He is also asking for an order of injunction to restrain the president and the vice-president from appointing another candidate for presentation to the Senate, for the office of the CJN, apart from Justice Onnoghen, who is the most senior justice of the Supreme Court and who has already been selected and recommended by the NJC.

In addition, the plaintiff wants the court to stop the Senate from accepting, entertaining, deliberating upon or considering the nomination of any other candidate that may be forwarded to it by the president and the vice-president, apart from Onnoghen.

Adegboruwa also prayed the court to direct Onnoghen to assume and take over and be performing and discharging the duties and functions of the office of the CJN, until such a time that the president would agree to forward his name to the Senate for confirmation or until he retires at the mandatory age of 70 years.

Adegboruwa accused President Buhari of bias against the judiciary which he had allegedly declared as his headache, stressing that the president is deliberately withholding the appointment of Justice Onnoghen in order to destabilise the judiciary and to force him into compulsory retirement, being a Christian from the southern part of Nigeria.The lawyer accused the president of a hidden agenda to perpetrate civilian dictatorship and to implement his ethnic and religious agenda, by frustrating the first CJN from the south in the past 30 years.

He accused the vice-president of failing to act decisively as he did with the case of the Economic and Financial Crimes Commission (EFCC) acting chairman, whose nomination he forwarded to the Senate in the absence of the president.

No hearing date has been fixed for the suit.

GUARDIAN: Onnoghen’s job as CJN hangs in the balance pending Senate confirmation.

Posted on by
1

About one and a half months after Justice Walter Onnoghen was sworn in as the acting Chief Justice of Nigeria (CJN), hopes that his appointment would be confirmed are getting dimmer.

Onnoghen was appointed the acting CJN by President Muhammadu Buhari on November 11, 2016 following the retirement of the immediate past CJN, Mohammed Mahmud on November 10.

This is the first time the holder of the office would be appointed in acting capacity for such a length of time in recent times. He now has till February 10, 2017 to get his appointment validated by the National Assembly or be removed from office.

Section 321 (5) of the 1999 Constitution as amended stipulates that any person so appointed “shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed”, meaning that Justice Onnoghen, if not confirmed, would leave the office.

Stakeholders are deeply concerned that the uncertainty over whether Onnoghen would be the substantive CJN or not, might impede justice administration and judicial reforms in the country.

This development also confirms worries from different quarters that there are grand plots to deny justices from the Southern part of Nigeria the opportunity of heading the apex court. The next in rank to Justice Onnoghen is a Northerner, Justice Ibrahim Tanko Muhammad from Bauchi State.

The last time a Southerner headed the apex court was in 1985, when Justice Ayo Gabriel Irikefe held sway. Since then, the North has produced virtually all the CJNs. Justice Mohammed Bello took over from Irikefe from 1987 to1995. Justice Muhammadu Lawal Uwais served between 1995 and 2006; Justice Salisu Modibo Alfa Belgore (2006-2007), Justice Idris Legbo Kutigi (2007-2009), Justice Aloysius Iyorgyer Katsina-Alu (2009-2011), Justice Aloma Mariam Mukhtar (2012-2014) and Justice Mahmud Mohammed who began to serve from 2014 till November 10, 2016.

Underscoring the seriousness of the issue, a Lagos lawyer, Chief Malcolm Omirhobo has filed a suit at the Federal High Court, Abuja asking the court to compel President Muhammadu Buhari to forward Onnoghen’s name to the National Assembly for confirmation.

Respondents in the suit are Buhari, attorney general of the federation, federal judicial service commission, Justice Onnoghen and the National Judicial Council (NJC).

Among other prayers, the plaintiff wants the court to declare that by Section 231(3) of the 1999 Constitution, the first respondent as the head of the executive arm of government cannot handpick and/or choose who he wants to be the head of the judicial arm of government.

A retired Justice of the Supreme Court, Olufunlola Oyelola Adekeye, is unhappy with the development. According to her, the appointment of Onnoghen in acting capacity may affect reforms in the judicial sector.

Speaking to The Guardian, Justice Adekeye, who retired from the Supreme Court in October 2012, having attained the mandatory retirement age of 70 years, maintained it would be difficult for a CJN in acting capacity to introduce reforms in the judicial sector since he is not sure of his time frame in office.

She said: “When you have an acting CJN, who can be removed at any time, he will lay down whatever he wants to do as a substantive CJN but will wait until he is appointed properly.

“It is very important. When you have a solid tenure of office and you know what to do, you can swing into action.”When your tenure is not certain, you do not know what to do. That surely will affect the Nigerian judiciary; not only in the dispensation of justice but in several other ways.

“But no reform can be done now when you do not know your position. This is the first time we are having an acting CJN. It has never happened in Nigeria. May God help us in Nigeria.”

Justice Adeyeke further charged government to always adhere to constitutional provisions in its decisions and actions.”The Constitution must be strictly followed. There is a provision in the Constitution for the appointment of the CJN. It says the next in rank.”So, we do not know whatever reason the government may have to appoint Justice Onnoghen in acting capacity,” she said.

Creation of more courts, not solution to congestion, says CJN.

Posted on by
Reply

The Chief Justice of Nigeria, Justice Walter Samuel Onnoghen has said reducing the volume of cases is the only way to solve the congestion problem in the nation’s courts.

He maintained that appointment of more judges as well as the creation of more judicial divisions were not the solutions. Onnoghen, who disclosed this yesterday while commissioning the Court of Appeal complex, Lagos Division, said the 17 justices of the Supreme Court of Nigeria were enough in the dispensation of justice in the country.

According to him, “we always think we can solve the problem of congestion in our courts by appointing more judges and justices and creating more divisions of the courts, because the idea is that the more they are, the lesser the job or workload.

“It lies in the controlling of the jurisdiction of the court in the quantity of number of cases that get to the Court of Appeal and the Supreme Court. If we have 21 or so provisions for vacancies to the Supreme Court, we believe if we appoint that number it will be the solution? No.”

In response to an issue raised by Nigerian Bar Association (NBA) Vice-President, Monday Ubani, Onnoghen said that the United States and India with far more people than Nigeria had fewer Supreme Court justices.

“Apart from the physical constraints that the Supreme Court has in terms of space, there is another idea we should look at. Which of the countries in the world can you point to that has that kind of number of justices on its Supreme Court bench? There is none. Even in America as large as it is, it has nine. Go to India, it is not so.

“We say appeals should get to the Supreme Court as of right, on matters of questions of law. Yes. If it is on point of law, the point of law must be enough to attract the attention of the Supreme Court, otherwise we are just playing about.”

Lagos State Governor Akinwunmi Ambode represented by Deputy Governor, Dr. Idiat Oluranti-Adebule, commended the upgrade and pledged the state’s support for the judiciary.

Others in attendance included, Appeal Court President, Justice Zainab Bulkachuwa, Supreme Court Justices, Kudirat Kekere-Ekun, Sidi Bage, and Justices of the Sokoto, Port Harcourt, Calabar, Makurdi, Abuja, Jos and Yola Divisions of the Appeal Court.

Dasuki Writes CJN, Seeks Quicker Hearing Of Appeals

Posted on by
Reply

Former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd), has urged the Supreme Court to grant him accelerated hearing in his two pending appeals for bail.

In a plea letter to the Acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, he claimed that his two appeal cases for bail were filed in compliance with the Supreme Court practice directions in August and had since been pending for hearing.

In the letter by his lead counsel, Mr. Joseph Daudu (SAN), dated November 30 and received by the apex judicial arm on December 6, Dasuki asked the court to exercise its discretion in his favour by granting quick determination of the two appeals because of their peculiar natures.

Daudu in the letter recalled that the Economic and Financial Crimes Commission (EFCC) arraigned his client on charges of breach of trust, criminal misappropriation and sundry offences before two high courts of the Federal Capital Territory between September and December last year.

The counsel claimed that following a ‘not guilty plea’ by his client, the two courts granted him bail and the conditions perfected by the appellant.

The letter further explained that no sooner had Dasuki perfected his bail conditions than the DSS operatives swooped on him and abducted him at the Kuje Prison gate and have since kept him in detention without trial at an unknown location.

Meanwhile, Justice Hakeem Oshodi of a Lagos High Court in Ikeja has granted the applications filed by a Senior Advocate of Nigeria (SAN), Godwin Obla and Justice Rita Ofili-Ajumogobia asking for variations of their bail conditions.

The judge in a ruling after listening to the arguments from their lawyers held that he had no choice than to exercise his discretionary powers in favour of the duo in view of the fact that the EFCC did not raise any objection to the applications.

Credit:

http://guardian.ng/news/dasuki-writes-cjn-seeks-quicker-hearing-of-appeals/

Nigeria’s Judiciary ‘witnessing very challenging times’ – CJN Onnoghen

Posted on by
Reply

The Acting Chief Justice of Nigeria, Walter Onnoghen, on Monday reiterated the commitment of the National judicial Council towards restoring the confidence of Nigerians in the judiciary.

Speaking at an event to mark the swearing in of two new Supreme Court justices, Paul Galinje and Sidi Bage, Mr. Onnoghen said the independence of the judiciary is fundamental to ensure the rule of law.

“My lords, ladies and gentlemen, our democracy is evolving and we must all work towards ensuring that the rule of law is deeply entrenched in our nation. To do otherwise is an invitation to chaos and anarchy.

“We must constantly be reminded of the importance of preserving and protecting the Judiciary which by its Constitutional mandate is the foundation of the rule of law in any society.

“Any threat to that foundation, including threat to its independence, portends danger for such society as the citizens will ultimately bear the brunt.

“Let me assure you all that, the National Judicial Council is poised more than ever before to restore confidence in the Judiciary as well as defend its independence and integrity. We will continue to review our guidelines and procedural rules as the need arises in the times we live,” said Mr. Onnoghen.

He called on the new judges to live above board, in a bid to prevent attacks that may threaten the independence of the judiciary.

“You are coming to the Supreme Court at a time when the third arm of government, the Judiciary is witnessing very challenging times. This should not make you despair, but rather spur you on to a greater commitment to defend the integrity and independence of the Judiciary.

“Failure to defend this institution would mean failing the citizens of this nation who have placed their hope in the judiciary for the fair and equitable dispensation of justice. I therefore urge you to always remain above board in the discharge of your duties in your new role.

Citing a previous remarks about the apex court by a former Attorney General of the Federation, Kanu Agabi, Mr. Onnoghen said the new justices, as well as their counterparts in the highest court, have been called to abide by the principles of absolute integrity, fairness and justice.

In a similar development, Mr. Onnoghen charged members of the Nigerian media to regulate their reportage in a way as to ensure improved confidence in the judiciary.

Speaking at a workshop organised by the National Judicial Institute in Abuja, Mr. Onnoghen said the media had a crucial role in restoring the confidence of the judiciary and sustaining Nigeria’s democracy.

“I am sure you will agree with me that the relationship between the fourth estate of the realm and our nation’s judiciary has been frosty. This is because members of the press are often after a “scoop”. Although a necessary hazard, the friction intermittently caused by this strain has at times resulted in the wider society having a wrong perception of the Nigerian judiciary.

“However I must emphasise the importance of preserving and protecting the judiciary as an institution designed to outlive individuals. The judiciary is the foundation of the rule of law in any society. If that foundation is threatened in any way; including threat to its independence, there cannot be a viable democracy. Therefore the press must partner with the judiciary in the performance of this very crucial role. Hence the need for the press to better regulate its reportage of Court proceedings matters that impact upon public confidence in the judiciary becomes crucial. I therefore urge you all to cross-check your facts for accurate and balanced reporting of its activities,” said Mr. Onnoghen.

Reps want CJN empowered to pick election petition tribunal chairmen

Posted on by
28

The house of representatives on Wednesday passed for second reading a bill seeking to make the Chief Justice of Nigeria (CJN) responsible for appointing chairman and members of election tribunals of the national and states houses of assembly in the country.

 

The bill, sponsored by Karimi Sunday and James Faleke, sought to alter Section 1 (3) of the sixth schedule of the 1999 constitution as amended.

 

Faleke told the house that the amendment was necessary to ensure checks and balances.

 

“The bill seeks to ensure that we have check and balances,” he said.

 

“The president of the court of appeal is in charge of setting up the election tribunals and at the same time constitutes appeal panels; this will ensure checks and balances.”

 

The house adopted the bill for second reading after it was put to a voice vote by Yakubu Dogara, the speaker.

 

Dogara further referred the bill to the special ad hoc committee reviewing the 1999 constitution.

Onnoghen may not be substantive CJN because he’s from South-South – Fayose

Posted on by
Reply

Governor Ayodele Fayose of Ekiti State has raised the alarm that Justice Walter Nkanu Onnoghen may not be allowed to become the substantive Chief Justice of Nigeria (CJN).

According to Fayose, Justice Onnoghen’s appointment in acting capacity is “either a grand plot to deprive him of his well-deserved appointment as CJN because he is from the South-South region or those cabals in the Aso Rock Presidential Villa want to hold him in the jugular, using his confirmation as substantive CJN to get him to assist them to pervert justice.”

In a statement issued in Ado-Ekiti by his Special Assistant on Public Communications and New Media, Lere Olayinka, Fayose said it was strange that despite the fact that the National Judicial Council (NJC) recommended only Justice Onnoghen to President Muhammadu Buhari for appointment as the CJN since October 13, 2016, his name was not sent to the Senate for confirmation.

According to him, this is the first time Nigeria is having an acting CJN despite that Justice Onnoghen’s name was sent to President Buhari early enough.

“As at the time the NJC recommended Justice Onnoghen to President Buhari, it was 28 clear days to the November 10, 2016 retirement date of Justice Mahmud Mohammed.

“Why then was his (Justice Onnoghen) name not sent to the Senate for confirmation? Why appointing him as Acting CJN when his name should have been sent to the Senate between October 13, 2016 that he was recommended to the president and November 10, 2016 that Justice Mahmud Mohammed retired?

“Obviously, there is more to this acting CJN appointment than meets the eyes. In my opinion, it could be that President Buhari never wanted Justice Onnoghen as a substantive CJN because he is from the South-South or that they want to use his pending appointment as substantive CJN to make him do their biddings.

“They have subdued the National Assembly and are now in the last stage of muscling democracy by subduing the judiciary.

“If men of good conscience, especially leading lights in the legal profession refuse to raise their voices against this tyranny, they will all be consumed.”

Fayose, who said playing politics with the judiciary, especially at the CJN level, was dangerous to the survival of democracy, urged Justice Onnoghen to do his job without fear or favour, “bearing in mind that it is only God that puts people in positions.”

“I am sure those who made sure Onnoghen’s name was not sent to the Senate for confirmation until the tenure of Justice Mahmud Mohammed expired knew what they were doing. They obviously needed a situation where the CJN, being in acting capacity will be subservient to them, using his appointment as substantive CJN as bait.

“However, Justice Onnoghen must live above that temptation of wanting to be the substantive CJN at the expense of strict adherence to the rule of law and principles of democracy.

“He must resist any attempt to further gag the judiciary even if that will cost him his appointment as the substantive CJN,” the governor said.

No apologies for refusing to do politicians’ bidding – Ex-CJN

Posted on by
1

The former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, yesterday said he had no apologies for refusing to do the bidding of politicians who wanted to intimidate the judiciary.

Justice Mohammed spoke yesterday in Abuja at a valedictory session held for him by the Supreme Court to mark his exit from the bench.

His remarks came just as President Muhammadu Buhari swore in his successor, Justice Samuel Walter Onnoghen, as the acting CJN.

Onnoghen will be the first person from southern Nigeria to hold the post in 29 years after Justice Ayo Irikife stepped down in 1987.

The former CJN said the nation owed the judiciary a debt of gratitude for standing firm in the face of the contrary winds that threatened to blow the country’s democracy off course.

According to him, it took the steadfastness of the judiciary to avert a replay of what happened during the June 12, 1993 presidential election that was presumably won by the late Chief MKO Abiola, during last year’s general election.

He said: “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.”

Justice Mohammed said the independence of the judiciary must be jealously guarded in the interest of the country, warning that its independence must not be compromised for whatever reasons, if Nigeria is to function effectively and peacefully.

He said the judiciary had proved to be an institution, which must be protected, sustained and carefully handled better than any other institution.

He warned that where the rule of law was absent and due process disregarded, the sentinel of civilisation would be missing.

He reminded judges that competence in the performance of their duties required legal knowledge, skills, thoroughness and preparation, and encouraged them to continue to improve on their performance.

He also asked judges and other judicial officers to be impartial in the delivery of justice, adding that impartiality was the fundamental quality required of a judge and core currency of repute that engenders respect for the judiciary.

He said: “Diligence requires consistency in the high standards of justice delivery that is required to optimally perform at your best.

“Judicial competence will diminish on compromise when a judge is debilitated by misconduct, corruption and other vices.

“Though various dynamics and court room antics may abound, but you as judges must remain as the resolute of justice. When you do that, the judiciary will burn as a beacon of hope for the common man.”

Justice Mohammed pointed out that he initiated several reforms during his tenure as CJN and pleaded with his successor to maintain the reforms so as to make Nigeria a better nation.

Also speaking at the ceremony, the Body of Senior Advocates of Nigeria represented by Chief Thompson Okpoko (SAN), blamed the current travails of the judiciary on the ineptitude of both the bench and the bar to curb misconduct in the profession at the early stages.

He said: “We in the profession, both the bar and the bench, have kept a blind eye to our problems for far too long, we have looked the other way when improprieties and disgraceful conduct were manifesting themselves right in front of us.

“We have been soft in matters that required stern handling. We have allowed rules to be twisted or bent because it will adversely affect our people.

“We have sacrificed merit on the altar of geographical spread when we know that, no matter how much we spread, we cannot cover everyone and everywhere. That kind of attitude must now give way to positive thinking as to what will be the best for our judiciary system and the profession.”

To make sure that only men and women of integrity become judges, the Body of Senior Advocates called on the National Judicial Council (NJC) to review the guidelines for the appointment of judges.

The body said: “The profession must say goodbye to the immediate past era when the Judicial Service Commission (JSC) in the state appoints or recommends for appointment as judges, candidates whose only basis for selection is the appearance of the candidates’ names in the lists submitted by the state governor, his privy or some party leaders.”

It also urged the NJC to resist political interference in the appointment of judges, and called for its reform.

“The provisions of the constitution which limits participation of the five Nigerian Bar Association (NBA) members in the NJC in matters of appointment of judges ought not to be allowed to remain a minute longer,” it added.

Okpoko further promised that lawyers would rally round the next CJN in reforming the judiciary.

He charged the incoming CJN to face the challenges head on, so that the judiciary would regain its lost glory and confidence.

Also speaking at the event, the Attorney-General of the Federation (SAN) and Minister of Justice, Abubakar Malami (SAN), said collaboration should be the way forward for the judiciary to maintain its integrity and impartiality as the last hope of the common man.

Represented by the Solicitor-General of the Federation, Mr. Taiwo Abidogun, the AGF charged the new leadership of the judiciary to ensure steady progress of the judiciary.

The president of the Nigerian Bar Association (NBA), Mr. Abubakar Mahmoud (SAN), reiterated the association’s support for the fight against corruption, whether in the judiciary or any arm of government.

He added, nonetheless: “We maintain, however, that this must be done in accordance with due process and the requirements of the rule of law. We will not accept the style of operations adopted by the Department of State Security (DSS).

“We condemn that approach. We will not also accept that any department of government exercise supervisory powers over the NJC, as the DSS sought to do. Our constitution prohibits it.”

He observed that the recent arrest of judges presented the judiciary with the opportunity to confront the problem of corruption in the judiciary and the legal profession.

All the speakers paid glowing tributes to the retired CJN.

Meanwhile, President Buhari yesterday swore in Justice Onnoghen as the acting CJN. His swearing-in followed Onnoghen’s appointment by the president, in accordance with Section 230(4) of the 1999 Constitution.

Section 230(4) of the constitution provides: “If the office of the Chief Justice of Nigeria is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the president shall appoint the most senior justice of the Supreme Court to perform those functions.”

The NJC had recommended Justice Onnoghen for consideration for appointment as CJN. He will be the first person from southern Nigeria to occupy the position in 29 years.

The president may have to regularise his appointment within the next 30 days.

He replaces Justice Mohammed who retired yesterday, having reached the mandatory retirement age of 70.

Judges under probe will be prosecuted, AGF tells NJC.

Posted on by
Reply

Outgoing Chief Justice of Nigeria, Justice Mahmud Mohammed, said on Monday that the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, had informed the National Judicial Council that he was set to prosecute some judges who were being investigated for alleged corruption.

The CJN, who leaves office on attaining the retirement age of 70 on Thursday, said the communication received from the AGF informed the decision of the NJC to ask the affected judges not to perform judicial functions until the cases against them were concluded.

He spoke at the Supreme Court, Abuja during the swearing in ceremony of Justices Amina Augie and Ejembi Eko to the apex court bench.

He said the decision reached at the NJC meeting held between November 2 and 3, asking the affected judges not to sit again, was to preserve the independence of the judiciary and the confidence of the public in the system.

“…Justice is rooted in confidence and where confidence in our judges is undermined and independence eroded, it is the nation that ultimately suffers most while true democracy is fatally undermined.

“Certainly, the decision of the National Judicial Council at its last meeting reflects our desire to preserve this independence.

“Hence, we proclaimed to the world that any judicial officer that is standing trial will cease to perform judicial functions.

“The council took this stand following communications it received from the Hon. Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers for the offences disclosed against them from the evidence on the ground.”

The CJN, however, said that despite that, the judiciary remained resolute to upholding its independence and adjudicate with fairness and justice.

He said, “We must not forget that we operate a constitutional democracy which clearly prescribes the powers accorded to each organ of the state.

“I therefore wish to state without fear of contradiction that the third arm of government will remain resolute in its commitment and resolve to uphold its independence and to adjudicate with utmost fairness and justice prescribed in our constitution and the law.”

He thanked President Muhammadu Buhari for approving the recommendations of the new Justices of the apex court by the NJC promptly and also the Senate President, Dr. Bukola Saraki, as well as the Senate Committee on Judiciary, Human Rights and Legal Matters, for prompt confirmation of the candidates.

The CJN, who reminded the new Justices of the Supreme Court that they were joining the apex “at a time when there are a lot of challenges,” however expressed confidence that having “scaled constitutional and institutional requirements, you are no doubt ready to face these challenges head on.”

The CJN, who earlier administered the oaths of office and allegiance to the new Justices of the apex court, urged them “to be faithful to those oaths as they are testament of your fidelity to God, the law and the good people of Nigeria.”

The CJN added, “They are also public pronouncements of your honest commitment to the Almighty to continue to dispense justice without fear or favour, affection or ill-will.

“Now more than ever, it is important to be firm, honest and steadfast in the discharge of your duties, while striving to emulate the greats of this court by enthroning the rule of law and respect for our courts.”

JUST IN: We were confronted with proof of evidence against suspended judges- CJN

Posted on by
1

The Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, revealed, yesterday, that the National Judicial Commission, NJC, asked judges facing allegations of corruption to step down because it was confronted with proof of evidence against some of them. The judges were arrested by operatives of the Department of State Services, DSS, between October 7 and 8, following which the Nigerian Bar Association, NBA, and some senior lawyers asked the judges to stop presiding over cases, pending their trial.

Two Supreme Court Justices- Inyang Okoro and Sylvester Ngwuta, were among seven superior court judges affected by the DSS “sting operation”, which allegedly led to the recovery of huge sums of money, including foreign currencies, from their homes. Ngwuta, Okoroand Ademola Ngwuta, Okoroand Ademola The two jurists, who had since exited the apex court bench, are currently on administrative bail from the DSS, pending their trial over money laundering charges.

The CJN, who disclosed this while swearing in two new Justices into the Supreme Court bench, yesterday, said the NJC, which previously insisted that the Judges would not step aside as requested by the NBA, changed its position after it was shown “evidence on the ground.”

According to him, the NJC took the new stand, “following communications it received from the Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers based on the evidence on the ground.” He said the decision NJC took after its last meeting, directing all the embattled Judges to desist from further presiding over cases or carrying out any judicial function pending their trial, was borne out of its desire to preserve the independence of the judiciary.

He said: “We proclaimed to the world that any judicial officer that is standing trial will cease to perform judicial functions. “A common thread that runs through all Judiciaries is that judicial officers are traditionally accorded the highest dignity and respect by all. ‘’This is because Justice is rooted in confidence and where confidence in our Judges is undermined and independence eroded, it is the nation that ultimately suffers most, while true democracy is fatally undermined.

 

“We must not forget that we operate a constitutional democracy, which clearly prescribes the powers accorded to each organ of the state. “I, therefore, wish to state without fear of contradiction that the third arm of government will remain resolute in its commitment and resolve to uphold its independence and to adjudicate with utmost fairness and Justice as prescribed in our constitution and the law.”

On the swearing-in of the two new Supreme Court Justices, Amina A. Augie and Ejembi Eko, the CJN said they joined the apex court “at a time when there are a lot of challenges”. While enjoining the new jurists to abide by the oaths they took and dispense Justice without fear or favour, the CJN, thanked President Muhammadu Buhari and the Senate for approving their appointments as recommended by the NJC.

He said: “Now, more than ever, it is important to be firm, honest and steadfast in the discharge of your duties, while striving to emulate the greats of this court by enthroning the rule of law and respect for our courts. “My lords, ladies and gentlemen, this ceremony takes place against the backdrop of peculiar circumstances for the third arm of the government of our beloved nation. “It bears reminding that the powers of this court and, indeed, all courts, lie in the constitution of the Federal Republic of Nigeria, 1999, as amended. “The constitution is the ultimate repository of the consent of the people and remains the sovereign mandate that forms the bedrock of an independent judiciary.”

Blame FG, govs for corruption in judiciary – CJN

Posted on by
Reply

Twenty-four hours after two Supreme Court Justices facing corruption allegation, Inyang Okoro and Sylvester Ngwuta, stepped down from adjudicating over cases pending conclusion of investigation, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has blamed the executive arm of government for corruption on the Bench.

Okoro and Ngwuta, alongside five other judges, were arrested in sting operations on October 7 and 8 by the Department of State Services (DSS) on allegations of bribery and corruption. While the duo of Okoro and Ngwuta voluntarily recused themselves from judicial functions since their homes were raided, others were still at their duty posts adjudicating on cases before them.

However, Justice Mahmoud exonerated the judiciary and its highest organ, the National Judicial Council (NJC), from any guilt as he said the third arm of government should not be blamed for the endemic corrupt practices on the Bench.

Instead, he said blames should be put on the executive, as “the failure on the part of the executive arm of government to act upon recommendations by the NJC cannot be blamed upon the NJC.”

CJN said this in a letter dated October 26, addressed to a group, the Socio-Economic Rights and Accountability Project (SERAP) that asked NJC to take over the alleged corruption case against the embattled judges from the DSS.

The letter, with reference No. CJN/Gen/MISC/ A37/Vol.XXI/8 and signed by CJN’s Senior Special Assistant, H. S. Sa’eed, was in response to SERAP’s request to Justice Mohammed, asking him to “take over from the DSS the cases of all the seven judges released by the DSS and refer the cases of those judges to anti-corruption agencies for conclusion of investigation and prompt prosecution.”

CJN said: “While restating the willingness of the NJC to act upon any petition as well as commitment of the Nigerian judiciary to the fight against corruption, his Lordship opines that any significant involvement in the fight against corruption will be upon a similar commitment of the prosecutorial agencies to actively prosecute their cases expeditiously when information about same is received.

“It is necessary to restate that the NJC is a creation of the 1999 Constitution of Nigeria (as amended) being established under Section 153 with its mandate clearly set out in Para 21, Part One of the Third Schedule to the Constitution.

“This provision clearly stipulates at Para 21(b) and (d) that the Council may only ‘recommend’ to the President and the Governors, the removal from office of judicial officers and to exercise disciplinary control over such judicial officers, which in effect is the extent of its power to discipline. Hence, the Council cannot, suo moto dismiss any judicial officer.

“The NJC can also neither ‘hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption, as you have suggested, it can merely recommend to act upon its findings as it has always done.

“However, in exercise of its constitutional mandate, the NJC has enacted the Judicial Discipline Regulations, 2014 in order to ensure that petitions are received, investigated and addressed as appropriate. As SERAP’s own Report attests, 64 judicial officers have been disciplined within five years even preceding the institution of the new guidelines. Any failure on the part of the executive arm of government to act upon such recommendations cannot, therefore, be blamed upon the NJC.

“To be sure, every citizen of Nigeria inclusive of judicial officers, are entitled to the protection of the law and a key provision of the Constitution is the presumption of innocence, as enshrined in Section 36(5) of the Constitution (as amended).

”I must also remind us that the seven judges, like all other persons, are entitled to a fair hearing as stipulated in Section 36 of the Constitution. As such, it would be presumptive and, indeed, pre-emptive to sanction the said judges without exhausting the proper procedure for their removal.”

Seven accused judges are entitled to fair hearing – CJN

Posted on by
1

The Chief Justice of Nigeria (CJN), Mahmud Mohammed, has said that the seven judges, like all other persons, are entitled to a fair hearing as stipulated in Section 36 of the constitution.

The CJN was quoted as stating this in a letter which was sent to Socio-Economic Rights and Accountability Project (SERAP) in a statement issued on Tuesday in Abuja by Mr Timothy Adewale, SERAP Senior Staff Attorney.

The letter, dated Oct. 26, 2016, was signed by H. S. Sa’eed, Senior Special Assistant to the CJN.

Mohammed’s remark was in response to SERAP’s request that he as Chairman of the NJC, should take over the cases of the seven judges from the Department of State Service (DSS).

The CJN stated that there were clear constitutional provisions relating to the power of any individual, institution or arms of government which must be adhered to.

He said that the NJC could neither handover corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption.

He also explained that the NJC could merely make actionable recommendations upon its findings as it had always done.

Mohammed said that in the exercise of its constitutional mandate, the NJC had enacted the Judicial Discipline Regulations, 2014.

This, he said, was to ensure that petitions are received, investigated and addressed as appropriate.

According to SERAP’s report, 64 judicial officers have been disciplined in the last five years.

The CJN maintained that “the seven Judges, like all other persons, are entitled to a fair hearing as stipulated in Section 36 of the constitution.

“As such, it will be presumptive and indeed pre-emptive to sanction the said judges without exhausting the proper procedure for their removal,” Mohammed stated.

He expressed delight with SERAP’s dedication to justice, fairness and justness, stressing that it was the collective responsibility of all to tackle any perceived challenge facing the Nigerian judiciary.

The CJN also stated that with the support of well-meaning Nigerians and SERAP, a transparent, fair and equitable justice system would be attained.

Mohammed urged SERAP to continue to strive to support and entrench good governance in the country.

CJN Orders Day-To-Day Trial Of Corruption Cases, Bars Judges From Granting Stay Of Proceedings

Posted on by
2

? In a bid to fast track the trial of alleged treasury looters, the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, yesterday, ?directed Judges handing corruption cases to hear such matters on a day-to-day basis.

 

 The CJN said the National Judicial Council, NJC, would henceforth, descend heavily on any trial judge found to have stayed proceeding on any criminal ?matter before his court. Justice Mahmud who made the declaration while flagging-off the 2016 Refresher Course for judicial officers on current ?trends in law and administration of justice, said the measure became necessary in view of mounting criticisms against the Judiciary. Addressing participants at the 5-day workshop, comprising of judges from different states of the federation?, the CJN, said they must learn to “treat cases related to economic crimes and corruption with the necessary urgency”.

 

He maintained that the essence of the newly enacted Administration of Criminal Justice Act, ACJA, 2015, was to forestall situations where accused persons use frivolous interlocutory applications to frustrate their trial.

 

The theme of the workshop which is holding at the National Judicial Institute, NJI, in Abuja, is “Promoting Judicial Performance through Innovations and Reforms”. The CJN said: “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim.

 

“My lords, as you all are well aware, the Judiciary has had to endure intense, largely unjustified and grossly uninformed criticisms regarding delay in the administration of justice.

 

“However, I am proud that the Judiciary was well ahead of the curve when the 2013 Practice Directions on Serious Crimes were adopted as the Directions were aimed at reducing criminal trial delays. “Nonetheless, the new Act strengthens our resolve as it provides that applications for stay of proceedings shall no longer be heard in respect of a criminal matter before the court. “This unprecedented provision puts a stop to the delays occasioned by interlocutory applications to stay proceedings pending appeal on preliminary matters when the substantive issues are yet to be tried on the merits. “Upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial, while each party is entitled to only five adjournments not exceeding two weeks each.

 

Where the trial is still not concluded, the interval for adjournments will be reduced to seven days each. “As such, the Act provides a chance for all Judges to ensure speedy dispensation of justice and I expect that the provisions will be fully utilized. “I must similarly urge your lordships to treat cases related to economic crimes and corruption with the necessary urgency that the previously mentioned 2013 Practice Directions mandate us to apply.

 

“Judges must also be stringent in applying the law strictly in order to render justice in a satisfactory manner to all parties whether they are the state, the accused or the victim. “The negative effects of corruption have been experienced by every Nigerian in one way or the other. It also bears reminding that the Judiciary has been judged harshly and on the receiving end of allegations of corruption in its operations. “At this crucial time in our nation’s history, we must show the red card to corruption, while joining hands as patriotic citizens to campaign for zero-tolerance for corrupt practices within our courts.

 

“We must not forget our noble duty as Ministers in the Temple of justice to uphold the Rule of Law impartially and without fear. In order to establish and sustain public confidence in the judicial process, Judges must live above board, shun corruption, and avoid corrupt practices and misconduct. “It bears reminding that your lordships have sworn to adhere to your Oath of Office as contained in the 1999 Constitution and the Code of Conduct for Judicial Officers, 2003. “Indeed, let me re-iterate that where any Judicial Officer is found culpable of corrupt practice, you can be rest assured of the preparedness and resolve of the National Judicial Council to sanction such Judicial Officer appropriately”. ?He said the Supreme Court, in line with his reform agenda for the Judiciary, will soon stop sending or accepting manual and paper hearing notices and processes, to and from all lawyers practicing before the Court.

 

“Similarly, the Supreme Court infrastructure is being upgraded and the courtrooms retrofitted with modern court technology hardware to enable state of the art paperless operations to be tested, in advance of its eventual rollout to other jurisdictions in Nigeria”, he added. ?In her welcome address, the Administrator of the NJI, Justice Roseline Bozimo, stressed that “Law Reforms and innovations in the Judiciary are a necessity for the purpose of enhancing and promoting judicial performance”.

 

She said the Nigerian Judiciary has experienced innovations and reforms in recent times, prominent among which was the passing into Law of the ACJA, 2015.

 

“The high point of this Act is the merger of the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) into one principal Federal Act, which apply uniformly in all Federal Courts. While preserving the existing criminal procedures, it introduces new innovative provisions that will enhance the efficiency of the Justice System.

 

“The main purpose of the Act include preventing unlawful arrest which had been one of the major problems of our criminal justice systems. By Section 10(1) of the CPA the Police could arrest without a warrant, any person who had no ostensible means of sustenance and who could not give a satisfactory account of himself.

 

“By this provision, people were arrested indiscriminately. The administration of Criminal Justice Act 2015 has deleted this provision”, she added.

 

Credit : Vanguard

Saraki’s Case: CJN To Set Up Fresh Supreme Court Panel

Posted on by
7

The Chief Justice of Nigeria, Justice Mahmud Mohammed, is set to set up a fresh panel that will hear the appeal filed by Senate President Bukola Saraki, challenging the jurisdiction and competence of the charges by the Code of Conduct Tribunal over alleged false asset declaration preferred against him.

It was learnt on Wednesday that the CJNwas set to disband the Justice John Fabiyi-led five-member panel which on November 12, 2015, granted an order of a stay of proceedings in the Senate President’s trial before the CCT.

Credit: Punch

Senior Lawyers Know Corrupt Judges- CJN

Posted on by
1

The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, on Monday, said senior lawyers in the country know corrupt judges, in view of their unguarded utterances, accusing the judiciary of corruption.

Speaking during a special session of the Supreme Court to mark the commencement of the 2015/2016 legal year and swearing-in of newly conferred Senior Advocates of Nigeria (SAN), Justice Mohammed urged senior lawyers to fish out the identity of the corrupt judges, so that they can be properly dealt with by the National Judicial Council (NJC).

“I regard as unfortunate, unguarded comments of some prominent members of the Bar, that the Judiciary is corrupt.  Such comments coming  from the members of the Bar means that they know the identity of the corrupt judges and as such, they should fish them out to be dealt with by the NJC,” Justice Mohammed stated.

Read More: tribuneonlineng

Impeachment: Fayose Appeals To Buhari, CJN

Posted on by
1

Against perceived moves to impeach Governor Ayo Fayose, the hierarchy of the Peoples Democratic Party, PDP, yesterday, stepped up pressure on President Muhammudu Buhari to prevail on his party faithful and security agencies to check the disruption of the peace in the state.

The impeachment moves allegedly spearheaded by the outgoing members of the State House of Assembly, remained a matter of speculation yesterday even as it was claimed that the 19 legislators belonging to the All Progressives Congress, APC, may storm the state today.

Governor Fayose, on his part, called on President Buhari and Justice Mahmoud to call the 19 APC lawmakers to order.

Fayose, who spoke with newsmen at the Governor’s Lodge over the tension elicited by the speculated move of the APC legislators, insisted that all the entitlements of the APC lawmakers have been paid contrary to Speaker Adewale Omirin’s claim that they were yet to be paid.

The governor flaunted copies of the Skye Bank cheques dated May 26, 2015, issued to the lawmakers to corroborate his claim. One of the cheques, which bore the name Boluwade Bolie Kehinde was received on behalf of the lawmaker and had a sum of N2,149,052 .37on it

Fayose said it would amount to illegality for the embattled speaker, Adewale Omirin to continue to hold claim as the speaker when actually he had been removed from the post as far back as November 2014.

Read More: vanguardngr