Ex-judge condemns corruption in judiciary

Chief Justice of Nigeria, Aloma Mukhtar

Chairman, National Law Reform Commission, Justice Umar Kalgo, has decried the  alleged corrupt practices  in the nation’s judicial system. Kalgo, a retired judge of the Supreme Court, however, said the efforts of the Chief Justice of Nigeria, Justice Aloma Muhktar, to redeem the image of the judiciary was laudable.

He spoke  on the sidelines of a conference organised by  the Centre for Ilorin Studies, University of Ilorin on Monday. The conference was entitled, ‘Ilorin: History, culture and lessons of peaceful co-existence.’ Kalgo said,  “The way judges are comporting themselves in the recent time is very worrisome. “I find it very difficult to believe the ways judges are now behaving, not sitting in court in good time, repeated absences from court without genuine reasons and going through court proceedings without looking at the evidence before them as governed by the subject matter. “A lot of bad reflections are thereby shown everywhere about the system.

“The CJN is doing a lot to curb these ugly situations. She has set up committees to look into them.”

http://www.punchng.com/news/ex-judge-condemns-corruption-in-judiciary/ 

‘Social justice, a panacea for security’

Nigerian Bar Association (NBA) President Okey Wali (SAN) has said the society can only be secure if there is justice. Speaking at the NBA Gombe Branch Law Week programme, he said insecurity is stalling Nigeria’s development. Wali was represented by NBA Second Vice-President Mr Stephen Abar. He said: “The topic chosen by the Gombe Branch of the NBA for this year’s Law Week could not be more apt given the prevailing state of insecurity being experienced in most parts of Nigeria and particularly in the North – Eastern parts of the country.

“The state of affairs has constituted a serious impediment to development and is even threatening to undermining the territorial integrity of the Nation. “The leadership of the NBA has demonstrated deep concern about this seemingly intractable situation which is not only undermining the sanctity of human life, but has also portrayed the security agencies as incapable of reining in the challenges posed by belligerent elements who are hell-bent on unleashing mayhem on innocent members of society and visiting untold hardship by engaging in systematic destruction of both private and public properties.

“It was borne out of this deep concern for the deteriorating security situation in the country that the NBA, under her current leadership convoked a National Peace and Security Summit as a priority programme in January, 2013. “It is apposite to state that social justice cannot find expression in a system where the rule of law does not prevail. It is therefore trite that the two concepts are inseparable. “This explains why the NBA has remained consistent at the vanguard of advocacy for all strata of governance in the country to evolve and pursue policies and programmes that will entrench social justice. This is one of the surest ways to dousing discontent that inevitably results to insecurity.”

http://thenationonlineng.net/new/law/social-justice-a-panacea-for-security/

FCT gets new solicitor general

Minister of FCT, Bala Mohammed.

The Minister of the Federal Capital Territory, FCT, Bala Mohammed on Tuesday approved the appointment of Ibrahim Abdullahi as the new Solicitor General of the Federal capital Territory, Abuja. In a statement signed by the Chief Press Secretary to the minister, Muhammad Sule, Mr. Abdullahi, an indigene of Okene, Kogi State joined the FCT Administration in 1987; and until his appointment was the Director, Advisory Services in the FCT Legal Services Secretariat.

The Minister noted that the office demands a lot of personal initiatives, maturity and professional competence and advised Mr. Abdullahi to exhibit a high sense of dedication, diligence and hard work in the discharge of his new responsibilities.

The former Solicitor General of the FCT, Helen Oloja, retired voluntarily from services of the Abuja Administration on April 16.

http://thenationonlineng.net/new/news-extra/fct-gets-new-solicitor-general/ 

How I became victim of judiciary’s injustice, by ex-judge

A  former judge of the Federal High Court, Lagos Division, Mr. Justice Okechukwu Okeke, yesterday said he was “a victim of injustice in the Nigerian judiciary”. The judge, who retired on May 19, spoke at a valedictory court session presided over by the court’s Chief Judge, Justice Ibrahim Auta. He alleged that a Supreme Court Justice once attempted to influence his ruling.

Following three petitions against Justice Okeke, which arose from cases he was handling, the National Judicial Council (NJC), in a May 6 letter, “seriously” warned him to desist from acts prejudicial to the judiciary’s integrity. But Mr. Justice Okeke challenged the NJC to publish his responses to the petitions.
“I plead with the NJC, in the interest of justice and the benefit of the citizens of this great country Nigeria to publish in any national newspaper-unedited – the said petitions and my responses to them,” he said. Such publication, he said, would comply with the provisions of the Freedom of Information Act, and afford Nigerians the opportunity to form their opinion on the petitions’ merit or otherwise.

Mr. Justice Okeke said his travails began with his adjudication of an application filed by the Asset Management Corporation of Nigeria (AMCON) versus convicted former Oceanic Bank Managing Director Mrs Cecilia Ibru. The application was for an order granting AMCON leave to apply for the issuance of a writ of execution (possession) by the court’s registrar in respect of the Federal Government properties forfeited by Ibru following an order made by the court’s former Chief Judge, Mr. Justice Dan Abutu.

Ajimobi asks judges to shun corruption

Oyo State Governor Abiola Ajimobi 

Oyo State Governor Abiola Ajimobi has urged  judges in the state to shun  corruption  and  uphold the independence of the judiciary. Ajimobi  said this in Ibadan on Monday at the swearing-in of six newly-appointed judges of the High Court.

The governor said, “When you are faced with difficult cases, you need to summon courage and allow justice to prevail over personal interest. “Don’t fear what the people would say, but make sure  that justice is done.’’ He reminded them that they were chosen among many of their qualified colleagues  and implored them not to betray the confidence reposed  in them by the people.

News Agency of Nigeria reports the governor further reminded the new judges that the common man considers  the judiciary as the last hope. He urged them to uphold that maxim in the interest of justice.

Ajimobi also said plans were underway to amend the judicial law in the state to accommodate more judges in the High Court. He assured stakeholders in the judicial system that the independence  of the judiciary would be sustained by his administration.

The state Attorney-General and Commissioner for Justice,  Mr. Adebayo Ojo,  told the governor that the new judges were appointed on merit . He said the judges were  carefully screened and appointed based on their past records,  adding that they were people of proven integrity.

http://www.punchng.com/news/ajimobi-asks-judges-to-shun-corruption/ 

Judiciary is tool for war against corruption, insecurity, say Bakare, others

The Judiciary remains the last hope of Nigeria, if the nation wishes to effectively wage and win the war against corruption and insecurity, some eminent Nigerians have said. The Convener of the Save Nigeria Group (SNG), Pastor Tunde Bakare; Justice of the Supreme, Justice Christopher Chukwuma-Eneh; Lagos Attorney-General and Commissioner for Justice, Mr Ade Ipaye; as well as the Chairman of the Ikeja branch of the Nigerian Bar Association (NBA), Mr Monday Ubani, among others, expressed the same confidence in the branch of government.

They spoke at the weekend at Sheraton Hotels and Towers, Ikeja, during this year’s Bar dinner of the Ikeja branch of the NBA in honour of Aare Afe Babalola (SAN). The event was part of the NBA branch’s Law Week programme. Bakare examined the high level of corruption and insecurity in the country. He, however, expressed confidence in the rule of law and the Judiciary to bail out the country. He added: “Every legislation and source of law, aimed at combating crime, terrorism and other manifestations of insecurity, must be applied judiciously and independently of Executive’s manipulation.”

Maryland-based Lawyer, Emeka Ugwuonye Loses Again, Ordered To Refund Funds He Stole From Nigerian Embassy

Maryland-based lawyer, Emeka Ugwuonye, yesterday suffered another devastating legal defeat as a US District Court ruled that he must refund the $1.55 million that was meant for his clients, the Nigerian embassy in Washington, DC, but which he illegally converted to his personal use. The stolen funds came from tax refunds credited to the Nigerian embassy from real estate transactions. Mr. Ugwuonye had handled part of the transactions in which the embassy sold some of its real estate holdings between 2005 and 2007. When the US government issued a cheque to the embassy to return taxes initially paid for the transactions, Mr. Ugwuonye kept the money instead of passing it on to his clients.  

Saharareporters exclusively revealed the fraud in 2009. In reaction, Mr. Ugwuonye sued the website, claiming defamation. His lawsuit against the website was dismissed last December. He appealed the judgment, but lost again in March, 2013. Mr. Ugwuonye’s streak of legal losses continued yesterday as Judge Barbara J. Rothstein handed down a default judgment in favor of the embassy. The judge agreed with submissions made by the embassy’s attorneys asking for sanctions against Mr. Ugwuonye for blatantly violating deadlines and ignoring court orders related to the case.

Court Sets Date For Resumption Of Fred Ajudua’s Fraud Trial

A Lagos State High Court has ruled that fraud suspect, Fred Ajudua, must face the trial he has evaded since 2006. Justice Olubunmi Oyewole issued the order on Monday, May 20, 2013.

 Mr. Ajudua, who is a lawyer by training, and Charles Orie were arraigned in 2003 for allegedly defrauding two Dutch businessmen, Remy Cina and Pierre Vijgen, of $1.69 million between July 1999 and September 2000.

 In the alleged fraudulent deal, Mr. Ajudua was accused of impersonating the Auditor-General of Nigeria, Isa Audu.



Three years after his 2003 arraignment, Mr. Ajudua was granted bail on medical grounds in
March 2006. He had told the court then that he was receiving treatment at Grant Medical Foundation, Pane, India in October 2006. Since then, he has failed to make any court appearance. 

At every court session since his “medical” bail was approved, Mr. Ajudua had submitted a letter of medical excuse signed by Dr. M.O. Mabayoje of the Lagos University Teaching Hospital (LUTH). Besides, his defense counsel, Olalekan Ojo, became notorious for appearing in court to make incessant requests for adjournments. “There is no doubt that Chief Ajudua and his lawyer want to use the tactics of endless adjournments to make sure that the case would fizzle out over time,” said a source close to the prosecutors.



Terror Comes to Supreme Court: By Seyi Olu Awofeso

The wife and daughter of Supreme Court Justice Rhodes-Vivour are spending the 16th night in captivity without trace, and, with no ransom asked. Nigeria’s Chief Justice, Aloma Maryam Mukhtar, is now fretful, after having written to the Police to more quickly uncover this kidnap, and after flying from Abuja to Lagos earlier this week to meet and give heart to Justice Rhodes Vivour, but so far, the Police have no good clue, except the plate number of the car in which both Vivours had travelled from Lagos.

Their car model and engine number are two other things to look for but without finding a car of that exact description, both clues are useless. Till date, no one has yet come up to inform the Police of the abductors’ car itself, to help focus investigations on the likely whereabouts of both kidnapped women. The Police, in effect, rely on just one piece of apocryphal information, saying the abductors had made a phone call to Justice Rhodes Vivour asking 300 million Naira as ransom.

That un-proved phone call reportedly originated from a location between the border town of Ondo and Edo states, last week, but Justice Rhodes Vivour denies ever receiving such ransom call. At any rate, a smart Alec might have cleverly interposed himself to make a quick buck from Justice Rhodes Vivour’s anguish by pretending to be the abductor. So, this un-usual kidnap remains as mysterious as it was 16 days ago, when the kidnappers intercepted both women on the Benin Expressway, and vanished with them, without making any monetary demand or political statement till now.

Manipulation of constitution review

 WITH the National Assembly turning the latest opportunity to amend some sections of the 1999 Nigerian Constitution into a farce, it is imperative for all citizens interested in a stable democratic future for this country to urgently come together and stoutly resist the subtle, yet flagrant, manipulation being foisted on them by the federal lawmakers. Once a legislature has gone from bad to worse, where does it go next? To the realm of the absurd, no doubt. That is exactly what the National Assembly did when  it dumped the crucial issues that gave rise to the constitution review and immersed itself in patently self-serving issues that do not offer  any lasting benefit to the Nigerian people. The dubious package should be rejected.

While citizens entertained hope that our parliamentarians would consider the clauses hindering democratic growth and economic development in the exercise, feelers from the latest sessions of the National Assembly give cause for concern about the future of the country. At the outset of this new attempt at constitution review in 2012, we had argued, “What Nigeria really needs is a complete overhaul of the constitution. It is very doubtful if the National Assembly will be able to achieve this. To make this possible, Section 9 of the Constitution, which spells out the mode of altering provisions of the Constitution, should be amended in order to pave the way for the creation of a National Conference that will be tasked with crafting a new document. Nigeria must come out of its self-delusion. Our current system that is federal in name but unitary in practice is not working and cannot work. What can hold Nigeria together is a constitution that truly reflects the aspirations of its diverse ethnic nationalities.” No doubt, we have been proved right, given the National Assembly’s unimaginative handling of the exercise.

Clark backs probe of Judges

 Youth South leader, Chief Edwin Clark, has expressed concerns over the level of corruption in the nation’s judicial system. He called for total overhauling of the judicial system while also backing the Chief Justice of Nigeria’s (CJN), Justice Aloma Mariam Mukhtar, ongoing probe of judges. While promising her of his unalloyed support, Clark noted Judges found guilty should be flushed out of the system. Clark, himself a trained lawyer, lamented the level rot in judiciary has degenerated for what it used to be back then.

The elder statesman, who turned 86 years yesterday, told journalists in Abuja that the practice used to be noble back in those days, with men and women of integrity. He noted the reverse is the case now with lawyers holding briefs for both sides and judges enriching themselves at the expense of justice. The First Republic Minister of Information also noted Nigeria has been unable to prosecute any corruption charges in the last five years against some of the former governors. The development, he pointed out, was a bad omen.

He argued President Goodluck Jonathan’s inability to prosecute alleged cases of corruption was due to the corrupt practices in the judiciary. Once a case goes to court, he said nobody, not even the president, has a say again. He also cited the quarrel between the suspended President of the Court of Appeal and a former CJN, saying that though it was turned into politics, it was ridiculous and embarrassing.

Clark also supported calls for a special court to handle all corrupt cases, suggesting a trial period of between six months and one year.

http://thenationonlineng.net/new/news/clark-backs-probe-of-judges/

NAFDAC, others laud verdict on My Pikin baby mixture

SOME major stakeholders in the pharmaceutical industry, including the National Agency for Food and Drug Administration and Control (NFADAC) are celebrating the judgment against Barewa Pharmaceutical Ltd, producer of the controversial My Pikin baby mixture that was said to have caused the death of about 84 children.

A Federal High Court in Lagos last week wound up the pharmaceutical company. The Production Manager, Abiodun Adeyemo and the Quality Assurance Manager of the firm, Ebele Austine Eromosele, were sentenced to 14 years jail term on two separate counts.

Director General of NAFDAC, Paul Orhii, described the 14-year jail term and confiscation of assets of Barewa Pharmaceuticals as a landmark in NAFDAC’s bid to deal with counterfeiters. He told The Guardian that “It is the first time we have ever secured that kind of conviction. My Pikin was concluded to have been contaminated. The manufacturer used Diethylene Glycol in place of Propylene Glycol in the product.”
Diethylene Glycol is an ingredient in anti-freeze and brake fluid, which is also used as industrial solvent. Propylene glycol is harmless and sweet, used in a wide range of medicines and foods, but more expensive than Diethylene Glycol.   Counterfeiters and chemical dealers push up their profits by selling the cheaper Diethylene Glycol as Propylene Glycol.

Urban Planning Law coming in Ogun

 A new Urban and Regional Planning Law may be coming to Ogun State soon if the Bill being proposed to that effect is perfected and passed by the state House of Assembly. The Bill proposed by the executive arm will be presented when all inputs of relevant stakeholders have been taken into consideration. The need for a new Urban and Regional Planning law was informed by the discovery that some aspects of the existing one were inadequate to address the challenges of the modern era.

The Commissioner for Urban and Physical Planning, Mr. Adebayo Fari, made these known in Abeokuta, the state capital at the weekend. He spoke during the stakeholders’ deliberations on the proposed Bill. Fari added the Bill will be sent to Governor IbikunleAmosun, when consensus had been reached, for onward presentation to the legislators as executive Bill.

The proposed bill, if enacted into law by the state House of Assembly, may be cited as the Ogun State Urban and Regional Planning Law 2013. It may provide for “Special Court or Appeal Tribunal” which will have retired judges, registered town planners, architects, civil or structural engineers, surveyors, legal officers and builders, among others, as members.

The Tribunal shall have jurisdiction to investigate and adjudicate on all public complaints regarding the activities of the Ministry of Physical Planning, Planning Authority or Local Planning Office in respect of building plans approval rejection, or dispute arising from compensation among others.
 
http://thenationonlineng.net/new/news/urban-planning-law-coming-in-ogun/

APGA: Umeh warns of impending judicial anarchy

National chairman of All Progressives Grand Alliance (APGA), Chief Victor Umeh, has raised the alarm over what he called an impending judicial anarchy brewing in Anambra State.
Umeh, who spoke with reporters in Enugu, pleaded with the Chief Justice of Nigeria (CJN) to rescue APGA from the reckless use of State machinery to destroy the party with the judiciary.

He referred to a suit in an Anambra state High Court, which he alleged is intended to give validity to the chairman of factional leader of the party, Chief Maxi Okwu, who has the backing of Governor Peter Obi of Anambra State. “Having tried and failed with their plans in Enugu and Federal High Courts, they now moved to Anambra State where the judge handling the case has shown apparent compromise,” Umeh lamented.

According to the APGA helmsman, the Anambra High court has reserved judgement for tomorrow (Monday) in a suit that had been dispensed by a superior court, the Appeal Court in Enugu.
According to him: “The judiciary should not allow itself to be ridiculed when a lower court will brazenly conflict the decision of a higher court. “The judicial anarchy being instigated must be stopped. The (CJN) should live up to her promise of sanitising the judiciary. “It is obvious that the judge in the suit will deliver a judgement that will run against the ruling of the Court of Appeal which validated my chairmanship of the party. “The aim is to continue causing confusion in the party as Maxi Okwu will rely on the judgement to continue parading himself as the national chairman of the party.”

http://thenationonlineng.net/new/news/apga-umeh-warns-of-impending-judicial-anarchy/

Jang replaces sacked judge

Gorvenor Jonah Jang

Plateau State Governor, Mr. Jonah Jang, has appointed three judges to fill vacancies in the state judiciary and replace those sacked on the recommendation of the National Judicial Council.

Jang had on March 5 sacked Justice Thomas Naron, who was indicted by NJC over his handling of the controversial Osun State governorship election petition. The new judges are Messrs. Arum Ashoms, Ishaya Kunda and Samson Gyang.
 
http://www.punchng.com/news/jang-replaces-sacked-judge/

Son takes father to court for assault

A 27-year-old man, Aliu Yekini, brought his father, Kareem, before an Ejigbo magistrate’s court for slapping him in the face with a native ring. He said the action made him to almost lose his left eye. Kareem, who was arraigned on  three counts of assault admitted slapping Aliu but said it was with a “decorative ring” and he never meant any harm.

The Magistrate, Mrs. M.B Folami, rebuked Kareem for assaulting his son and said he could have reprimanded him in a mild manner. She said, “I think I am supposed to hand you over to the Lagos State Government. What if you had removed his eye? Because you gave birth to him does not give you the right to batter him to the point of almost blinding him.”

 

Folami however asked Aliu if he took local gin, popularly called paraga, and smoked cigarette, which the latter admitted to. She said, “Better go and mend your ways and stop taking cigarette and paraga. That was what your father was probably trying to correct you on when he almost blinded you.”

In a dramatic twist, Aliu told the court that he wanted to withdraw the charges against his father and would want to settle the matter the family way. After being led in evidence to ascertain what informed his decision, the three counts was quashed against the defendant

http://www.punchng.com/metro/son-takes-father-to-court-for-assault/ 

Court orders service on Bianca Ojukwu through Nigerian Embassy in Spain

A LAGOS High Court, Igbosere, Wednesday ordered that Ambassador Bianca Ojukwu, wife of late Biafran leader, Dim Odumegwu Ojukwu, be served originating processes through the Nigerian Embassy in Spain.

Justice Adebayo Oyebanji gave the order in a suit filed by Chief Debe Odumegwu-Ojukwu, which is one of the several pending suits before different judges over the inheritance of Ojukwu’s properties.
Apart from Bianca, other respondents in the suit are Ojukwu Transport Ltd, (OTL), Prof. Joseph Ojukwu, Emmanuel Ojukwu, Lotanna Ojukwu, Emeka Odumegwu-Ojukwu, Patricia Ojukwu and Mrs Margaret Nwagbo (Nee Ojukwu). Oyebanji had at the last adjourned date, ordered that Bianca be served through a national newspaper publication, since the claimant could not serve her in person as a result of her current assignment as Nigeria’s Ambassador to Spain.

At the resumed hearing yesterday, the claimant told the court that the cost of placing an advertisement on a national newspaper was high and will affect his already weakened finances. Debe, who appeared in person and on behalf of the second claimant, Silver Convention Nigeria Limited, said he has filed a motion experte dated March 27, for a varying order in respect of full and effective service on Bianca. He urged the court to grant an order enabling him to serve Bianca either through the Foreign Affairs Ministry or by courier to the country’s embassy in Spain.

FG appoints Justice Bukar as Ag. FCT Chief Judge

President Goodluck Jonathan has appointed Justice Ibrahim M. Bukar as the Acting Chief Judge of the High Court of the Federal Capital Territory, Abuja. A statement by the acting director, Information of the National
Judicial Commission (NJC), Mr. Soji Oye said, the appointment followed the voluntary retirement of the immediate past Chief Judge of the FCT, Justice Lawal Hassan Gummi from service.

The statement said Justice Ibrahim M. Bukar will be sworn-in by the Chief Justice of Nigeria (CJN) and Chairman of the National Judicial Council (NJC), Justice Aloma Mariam Mukhtar on Thursday 23rd May, 2013 by 10 a.m. According to the statement, the swearing-in ceremony will take place in the chambers of the CJN, at Supreme Court of Nigeria, Abuja.

It would be recalled that Justice Gummi, has been named the new Emir of Gummi, in Zamfara State. He replaces the former Emir, Alhaji Aliyu Abara, who died at the age of 75. Gummi was appointed a Judge of the FCT High Court in 1988 and rose to become the Chief Judge and Chairman FCT Judicial Service Committee in 2004.


http://peoplesdailyng.com/fg-appoints-justice-bukar-as-ag-fct-chief-judge/

3 men jailed for abuse of Nigerian currency

A Zuba Grade 1 Area court in the FCT has sentenced three men to two months imprisonment each for selling the Nigerian currency across the table.The convicts are Malam Abdulwahabi, 32, Salisu Nuhu, 20, and Bashir Mohammed, 20, all of Dei-Dei junction, FCT. They were tried on a one-count charge of public nuisance.

Alhassan Kusherki, the judge, passed the sentence after the accused had pleaded guilty. The judge, however, gave them an option of N15,000 fine each. Police prosecutor Momoh Ibrahim told the court that on May 20, a team of surveillance men attached to Police Divisional Headquarters, Zuba, ,while on patrol on the Dei-Dei – Kubwa expressway had arrested the culprits.

Ibrahim said that the detectives caught Abdulwahabi, Nuhu, and Mohammed selling the currency. Ibrahim said the currency notes were spread on a table like groundnuts at Dei-Dei junction, FCT. The prosecutor said the offence contravened Section 198 of the Penal Code. (NAN)


 http://peoplesdailyng.com/3-men-jailed-for-abuse-of-nigerian-currency/

ACN, Akeredolu appeal Ondo tribunal’s verdict

The Action Congress of Nigeria (ACN) and its candidate in last October’s governorship election in Ondo State, Mr. Rotimi Akeredolu (SAN), yesterday filed an appeal against the ruling of the Election Petition Tribunal, which declared Governor Olusegun Mimiko winner of the poll. The suit was filed at the Court of Appeal sitting in Akure, the state capital. It is against the whole judgment, except the portion favourable to the ACN. The appeal, based on 39 grounds, was filed by 52 lawyers, led by Chief Akin Olujimi (SAN).

The appellants said the tribunal failed to consider the documentary evidence before it and the testimonies of their witnesses, which showed that many voters were not accredited, as well as the corroborating testimonies of Mimiko’s witnesses under cross examination. They said the tribunal erred by ruling that only the evidence of polling agents could prove the petitioners’ allegations. The appellants said the tribunal ought not to rely on the findings in a previous judgment to decide the case. They criticised the tribunal’s ruling that the manipulation of the voters’ register was a pre-election matter and it had no jurisdiction over it.

  

CJN swears in new judges of NIC

Chief Justice of Nigeria (CJN), Justice Mariam Aloma-Mukhtar yesterday vowed to cleanse the judiciary and free the institution from rot which is giving the institution a bad image in he country. The CJN said the development has waned public confidence in the judiciary and added that: “The extent to which prevalent societal currents in recent times have engulfed the judiciary demands great concern, drastic measures are being taken to curb the trend”.

Justice Aloma-Mukhtar expressed fear that if the public loses respect for the Bench, the society may gradually be creeping back to the days of jungle justice as less and less persons and institutions would not be willing to entrust their disputes to the judiciary. The CJN who stated this after swearing in 12 Judges of the National Industrial Court (NIC) at the Supreme Court Abuja, complex also reiterated that the National Judicial Council (NJC) has, “a vision of a justice system that is simple, fast and efficient” aimed at sanitizing the judiciary and ridding it of bad eggs.

Former FCT Chief Judge fails to stop NJC probe

The National Judicial Council (NJC) has rejected an objection by the immediate past Chief Judge of the High Court of the Federal Capital Territory (FCT),  now the Emir of Gummi, Justice Lawal Hassan Gummi, to stop his probe over an  alleged abuse of office while he was in office.

At the resumed hearing of the petition against the former Chief Judge yesterday, his lawyer,  Isreal Olorundare (SAN) who led Sunday Ameh (SAN) raised a preliminary objection challenging the competence of the NJC to probe him on the grounds that he had since resigned his office as a judicial officer since May 13, 2013. Gummi stated in his objection that having retired voluntarily and no longer a judicial officer and having paid three months salary into the Federal Treasury in lieu of notice, he could no longer appear before the NJC as the panel lacked the jurisdiction to hear the case against a retired judicial officer. He further stated that there were series of litigation still in respect of the matter pending before Abuja High Court and Federal High Court and  added that the NJC did not share concurrent jurisdiction with a high court.

The Plea bargain controversy

As high profile corruption cases rock the nation, opinion is divided on the desirability or otherwise of plea bargain. Plea bargain is enshrined in Section 14(2) of the Economic and Financial Crimes Commission (EFCC) Act of 2004. The section provides inter alia: “The Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of that offence.”

According to legal experts, plea bargain may take the form of a charge bargain in which the accused pleads guilty to a lesser charge or a sentence bargain in which the accused agrees to plead guilty to the charge in exchange for a light sentence. Mr Okey Wali, the President of the Nigeria Bar Association (NBA), said that the use of plea bargain, as a concept in the court of law in Nigeria, was legal. He said that in spite of the fears that plea bargain had contributed to increased rate of corruption in the country; it had a lot of benefits, if properly applied by judges. “Plea bargain is legal. It is its applicability or practice that is a problem in Nigeria. “There are some provisions of our law like the EFCC Act and our Common Law Practice that make provision for it,” he said.

Future of legal profession in the North

Boobis (not real name), a lawyer in his late 40s, has practised for over 15 years in one of the cities now under emergency rule in North-east Nigeria. Over this period, he has built up a reputation as a hard working and honest professional, well regarded in and outside the courtroom. In the past 18 months his life has been turned upside down: he has been physically rough handled by uniformed military personnel for seeking access to a detained client; his car has been attacked and riddled with bullets by unknown persons; and uniformed soldiers have reportedly invaded his house on a six-hour long search during which his wife and four children were not allowed to leave the premises.
At the end of the “search”, which took place without a warrant, nothing incriminating was found or removed. As a result, he has re-located his family from the city and will, before the end of 2013, re-locate his practice to another city outside the North-east.

Dogo, a younger lawyer, has worked in the same city for the past decade. His brief sometimes involves representing poor or un-defended people. In the course of the past six months, uniformed military officers have twice threatened to shoot him for trying to do his work and he has been swiped with a horse-whip at a check-point. He now seeks a transfer to a less unpredictable location and may quit his job if he can’t.

These two examples illustrate the life-and-death challenges faced by members of the legal profession in Northern-eastern Nigeria. Over the period since 2009, as this crisis has deepened, our profession has somehow managed to avert its gaze. Now, our colleagues in these parts are besieged and the Bar must find a clear voice at this time to defend the law, its institutions and its relevance in a time of national emergency.

Adoke Sues Melaye for Libel, Demands N10.2bn

Mohammed Bello Adoke SAN

 The Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), has slammed a N10.2 billion libel suit on the Executive Secretary of Anti-corruption Network, Mr. Dino Melaye, at the High Court of the Federal Capital Territory (FCT).

In the suit, Adoke accused Melaye of damaging his reputation in a publication of April 12 where he accused him of corrupt practices, obstruction of justice for corrupt elements and abuse of power as minister of justice. Besides the N10.2 billion Adoke is seeking from Melaye for defamation, he has also asked for N200 million as the cost of litigation.

The minister, who has assembled an 11-man team for the legal battle, asked the court  for “an order of perpetual injunction restraining Melaye and other defendants from further inferring in any manner whatsoever with his reputation.” Members of his legal team include Bolaji Ayorinde (SAN); Donald Denigwe (SAN); Babajide Koku (SAN); and Ahmed Raji (SAN).

Court upholds forfeiture order on brothel over human trafficking

JUSTICE James Tsoho of the Federal High Court in Lagos Tuesday dismissed an application seeking to quash an order, forfeiting a brothel to the National Agency for the Prohibition of Trafficking in Person (NAPTIP).

The application was filed by two brothers, Taofeek and Lukman Jubril, asking the court to set aside an earlier judgment by Justice Tijani Abubakar, which ordered NAPTIP to confiscate their property.
Justice Tsoho, in his judgment, upheld the decision of his brother judge and struck out the application for lack of merit. “I hereby uphold the order granted by the former trial judge and order the premises located at No 1. Anjorin Odoguyan St., to be forfeited to the respondent. “This application is accordingly struck out for lack of merit”, Tsoho ruled. The said brothel premises is located at No. 1, Anjorin Odoguyan St., Ikorodu, Lagos.

Justice Abubakar had sometime in June 2007, sentenced three convicts for using the said premises as a brothel. The convicts, Helen Elele, Joshua Igborobe and Uyi Oni, in case file No. FHC/L/138/2007, were charged with two counts bordering on conspiracy and human trafficking. The prosecutor, Mr. Olurotimi Illori, had told the court that the convicts were in the habit of indulging young girls for prostitution and using the said premises as a chalet to promote their illegal acts. The convicts had each pleaded guilty to the charge and were consequently convicted and sentenced to five years’ imprisonment each. Abubakar had then ordered the brothel to be sealed off and forfeited to NAPTIP.

Police challenge N5m judgment award to Ugolor at Supreme Court

THE Police have appealed to the Supreme Court the affirmation of the Court of Appeal in the N5 million judgment sum awarded to the Executive Director of the African Network for Environment and Economic Justice (ANEEJ), Rev. David Ugolor by a Benin High Court for his unlawful remand in police and prison custody for 41 days over alleged complicity in the May 6, 2012 murder of Principal Private Secretary to Governor Adams Oshiomhole, Olaitan Oyerinde.

A summons by police counsel, J. K. Gadzama (SAN), which copy was made available to journalists in Benin City Tuesday said the appellate court erred by ordering the payment of the said amount and that it also erred when it failed to accept that the appellant being a statutory government agency would pay the sum if the judgment is so given.

But the ANEEJ in a statement Tuesday said the police were trying to delay justice by heading to Supreme Court to challenge the Appeal Court ruling.

Judge won't dismiss $75 million casino lawsuit

A federal judge has refused to dismiss a $75 million lawsuit accusing a Mississippi casino of serving a heavily medicated man so many free drinks that he collapsed in the bathroom of his hotel room and died.The lawsuit against IP Casino Resort and Spa in Biloxi was filed in U.S. District Court in Gulfport in July 2012. 

The lawsuit says employees ignored pleas from Bryan Lee Glenn's relatives and served him free drinks on Aug. 6, 2009, after he was already falling-down drunk.Glenn, 30, collapsed in his hotel bathroom that night and was pronounced dead early the next morning from alcohol poisoning combined with his medications, court records said.The casino, formerly known as Imperial Palace, changed hands after Glenn's death. Boyd Gaming bought the property in 2011.Boyd Gaming filed the motion to dismiss the case in September.

"Mississippi law is abundantly clear that one injured as a result of his own voluntary intoxication has no viable claim against a casino which served him alcohol," the company argued in court records.U.S. District Judge Halil S. Ozerden declined to dismiss the suit Wednesday because of the allegations that casino employees served Glenn alcohol when he was visibly drunk.Mississippi has a "dram shop" law that says businesses can be held liable if they serve alcohol to someone who is visibly drunk and that person later injures or kills someone else.Ozerden wrote in his ruling that the plaintiffs must show that Glenn didn't voluntarily become intoxicated and/or that he was visibly intoxicated at the time he was served alcohol.Ozerden said there are numerous allegations in the complaint that casino employees knew Glenn was drunk and served him anyway.
David Strow, a spokesman for Boyd Gaming, said the company doesn't comment on litigation.

CJN May Postpone Swearing-In Of 12 Industrial Court Judges Tomorrow

 There are strong signals that the swearing-in ceremony of 12 newly appointed judges of the National Industrial Court (NIC) may be put on hold following a letter written by a non-governmental organization, Anti-Corruption Network to the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, alleging that the potential jurists do not have the necessary qualifications for the office. President Goodluck Jonathan had on May 14, 2013, approved the appointment of 12 new judges for the NIC following a recommendation by the NJC.

However, LEADERSHIP newspaper gathered authoritatively that with the latest development, the swearing-in programme might be put on hold pending the investigation into the allegation by the NGO.
LEADERSHIP obtained a letter written by the executive secretary of the anti-corruption network, Otunba Dino Melaye, intimating the CJN that the 12 newly appointed judges of the NIC were not qualified to be sworn in as members of the Bench.

Melaye, an ex-lawmaker, alleges that the 12 potential jurists were not versed in labour laws and cannot be sworn in to adjudicate over labour matters. In a letter addressed to the CJN as the chairman of the NJC, entitled “Illegal Appointment of Judges of the NIC”, the anti-corruption crusader alleged that the president of the NIC, Justice A. Babatunde Adejumo, who submitted the list of shortlisted candidates deliberately, deceived the NJC.

The letter, which was sent to the office of the CJN yesterday, reads in part: “We have confirmed that the NJC under your able and incorruptible leadership has recently approved the appointment of 12 lawyers as judges of the NIC. We wish to draw your attention to the illegality of the appointment as none of the 12 candidates is qualified under section 2(4) of the NIC Act.”


http://leadership.ng/news/210513/cjn-may-postpone-swearing-12-industrial-court-judges-tomorrow

Fashola Approves Appointment Of 6 New Judges

Gov. Babatunde Fashola of Lagos State on Monday approved the appointment of six new high court judges for the state. This is contained in a statement issued in Lagos by the spokesperson for the Lagos State Judiciary, Mrs Grace Alo.

According to the statement, the newly appointed judges are: Ms Folashade Bankole-Oki, Mr Michael Savage, Mrs Sedotan Ogunsanya, Mr Wasiu Animahun, Mrs Oyindamola Ogala and Mr Ganiyu Safari.
The statement said that the approval followed the recommendation of the National Judicial Council under the chairmanship of the Chief Justice of Nigeria, Aloma Mukhtar.

The statement said that the appointment brought to 56, the number of judges in the state judiciary.
It said that the newly appointed judges would be sworn-in on May 28. (NAN)


http://leadership.ng/news/200513/fashola-approves-appointment-6-new-judges

Justice Gummi: 3 Judges Tussle For FCT CJ Post

Following the sudden resignation of Justice Lawal Hassan Gummi, three top judges of the High Court of the Federal Capital Territory (FCT) may have begun intensive lobby to clinch the top job of the Chief Judge of the FCT

Gummi voluntarily resigned from the office in time to be turbanned as the Emir of Gummi on Monday. The three Justices: I.M. Bukar, I.U. Bello and Dr. M.N Oniyangi, who are the top three justices of the FCT, are among those to be favoured to take over from the Zamfara-born jurist.

LEADERSHIP Newspaper reliably gathered that although Justice I.M. Bukar, who is next to Gummi, is the man that the cap fits, Justice Ishaq Bello and Justice (Dr.) M.N. Oniyangiare also coveting the seat. It was also gathered that the immediate past CJ is more disposed to hand over to Justice Bello, with whom he worked as magistrate 30 years ago. Justice (Dr.) Oniyangi is looked upon as an academic rather than a judicial administrator but analysts said that he could not be ruled out from the contest.

Justice Gummi’s resignation came to many as a surprise because it was learnt that he voluntarily retired in order to ascend to the throne of his forefathers, but analysts believe that his resignation was not unconnected with series of petitions written against him to the National Judicial Council (NJC).

Sources also said that his resignation was a soft landing as his elevation to the status of an emir would make him untouchable. Retired Justice Gummi succeeds late Emir of Gummi, His Royal Highness, Aliyu Abara Gummi, who died last Wednesday at Usmanu Danfodio University Teaching Hospital, Sokoto, at the age of 75.


 http://leadership.ng/news/160513/justice-gummi-3-judges-tussle-fct-cj-post

Commission Demotes Area Court Judge In Adamawa For Alleged Misconduct

The Adamawa Judicial Service Commission (JSC)  has approved the demotion of an Area Court Judge, Mr Abdullahi Bello, over an alleged act of misconduct. Bello was demoted from Assistant Chief Area Court Judge to Principal Registrar III.

A statement signed by the Secretary of the commission, Mrs Helen Nuhu, and issued on Tuesday in Yola, said the demotion was as a result of alleged gross abuse of judicial powers and misconduct committed by Bello.

 

The statement also said that Bello was directed to refund N118,000 being an amount he allegedly collected from petitioners at various occasions. (NAN)

http://leadership.ng/news/210513/commission-demotes-area-court-judge-adamawa-alleged-misconduc 

Jonathan Appoints 12 Judges For Industrial Court

President Goodluck Jonathan yesterday approved the appointment of 12 new Judges for the National Industrial Court (NIC). The approval is sequel to the recommendation of National Judicial Council (NJC) under the chairmanship of the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, GCON.

The newly appointed judges of the labour court include the Chief Registrar, National Industrial Court, Mrs. Rakiya B. Haastrup, Registrar General, Abuja Multi-Door Court House (AMDC), Alternative Dispute Resolution Centre, High Court of the FCT, Abuja, Mr. Waziri Abali.

Others are the Assistant Director (Administration), National Law Reform Commission, Abuja; Mrs Rabi H. Gwandu,   Director (Administration), Federal Judicial Service Commission, Abuja; Mr. Lawal Mani.
Also appointed are an Assistant Chief Registrar, National Industrial Court, Jos Division; Mrs. Olufunke Yemi Anuwe, Director of Studies, National Judicial Institute, Abuja; Mr. John Dele Peters, Chief Magistrate I, FCT Judiciary, Abuja; Mrs. Oyejoju O. Oyewumi, as well as Director Civil Justice, Legal Aid Council,   Abuja; Mrs. Edith N. N. Agbakoba.

Private legal practitioners who made it to the bench include Mr. Amadi Kenneth Ikechukwu, Mrs. Anthonia Ndidi Ubaka, Mr. Peter Odo Lifu, and Chief Magistrate I & DCR II, Bayelsa State Judiciary, Mr. Ebeye David E. Isele.

According to a statement by the NJC’s Acting Director (Information), Soji Oye, the new Judges will be sworn-in by the CJN and Chairman of the NJC Justice Aloma Mukhtar on Wednesday, May 22, at the Supreme Court.


http://leadership.ng/news/150513/jonathan-appoints-12-judges-industrial-court

Chief Judge To Release More Inmates Awaiting Trial In Lagos

The Chief Judge of Lagos State, Justice Ayotunde Phillips, on Monday said that a new batch of inmates awaiting trial would be released before the end of June. Phillips said this when she led members of the Nigerian Bar Association (NBA), Ikeja Branch, on a visit to the Ikoyi Prison, Lagos. The visit was part of the activities marking the 2013 Law Week of the branch.

The Chief Judge, represented by Chief Magistrate Emmanuel Ogundare, said she was already working on a list of inmates, who were recommended for release. "I am assuring you that before the end of this quarter, I will visit you and release those that are qualified to be released," Phillips said.

Also speaking to the inmates, Mr Onyekachi Ubani, the branch chairman, said the purpose of the visit was to offer free legal services to inmates, who could not afford legal representation. Ubani said the NBA was concerned about the large number of inmates awaiting trial.  "The Ikeja  branch is concerned about you. We are trying to make sure your matter is decided in the court, instead of being on awaiting trial for a long time.
"We will render legal services free to those that need it, but cannot afford a lawyer. Your rights must be protected," he said.

Earlier in his welcome address, the Deputy Comptroller, Ikoyi Prison, DCP Emmanuel Bamidele, said over 500 inmates  had been trained in various vocational skills. Bamidele said the inmates were trained in skills such as shoe-making, soap and insecticide making, and in the handling of computers, to make them useful to themselves and the society.

NAN reports that Phillips had on April 30 released 94 inmates from the Kirikiri Medium and Female Prisons, Apapa.

http://leadership.ng/news/200513/chief-judge-release-more-inmates-awaiting-trial-lagos

ASFF secures release of awaiting trial inmates

The Avocat San Frontieres France (ASFF) also known as Lawyers Without Borders recently secured the release of three inmates detained in various prisons in Benue and Kaduna States. The inmates, Mr Joshua Aju, Mr. Tyonenge Jemjem and Mohammed Haruna, were detained between April 2012 and February 26 2013 without trial.

According to a statement from ASFF, Makurdi High Court and Magistrate Court Kaduna ordered the release of Aju, Jemjem and Mohammed respectively following its fundamental human rights application. The application is based on Section 35 (4) of the 1999 constitution.

Aju is being held for an undisclosed offence; Jemjem was arrested and detained when his brother suspected of armed robbery could not be found while Mohammed was held for allegedly receiving stolen property.
ASFF lawyers proved that the Police lacked evidence to substantiate the allegations against the inmates.
ASFF’s Saving Lives project has embarked on free human rights interventions in the country. 

http://dailytrust.com.ng/index.php/law/54918-asff-secures-release-of-awaiting-trial-inmates 

The stipend of a young lawyer

The legal profession is a noble one meant for the elite of the society due to its expensive nature; becoming a lawyer is a long, taxing and challenging journey as it takes a minimum of six years to become a legal practitioner properly so called in the Nigerian legal system. However, to add insult to injury, the books required for this journey are not just expensive but also beyond the reach of most students, leaving the students with the option of a library that cannot avail all in need. Be that as it may, the Nigerian undergraduates, blessed with hustling and adaptive skills, device the means of photocopying materials and handout to see them through.

As kids, the elders often say to us, “go to school, graduate with a good grade so you can get a good job”. The young lawyer armed with this adage tries his best not to fail LLB and BL with the belief that all would be well when he enters the labour market. Unfortunately the Nigerian syndrome of ‘who knows who’ prevents such dream from becoming a reality even after being a graduate.

Afghan lawmakers block law on women's rights

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Conservative religious lawmakers in Afghanistan blocked legislation on Saturday aimed at strengthening provisions for women's freedoms, arguing that parts of it violate Islamic principles and encourage disobedience.

The fierce opposition highlights how tenuous women's rights remain a dozen years after the ouster of the hard-line Taliban regime, whose strict interpretation of Islam once kept Afghan women virtual prisoners in their homes.

Khalil Ahmad Shaheedzada, a conservative lawmaker for Herat province, said the legislation was withdrawn shortly after being introduced in parliament because of an uproar by religious parties who said parts of the law are un-Islamic.

"Whatever is against Islamic law, we don't even need to speak about it," Shaheedzada said.

The Law on Elimination of Violence Against Women has been in effect since 2009, but only by presidential decree.

Former Pakistani dictator Musharraf granted bail

A Pakistani court on Monday granted bail to former army chief and president Pervez Musharraf who has been under house arrest on charges of failing to provide adequate security for former prime minister Benazir Bhutto before her 2007 assassination.

Musharraf, who took power in a 1999 coup, returned to Pakistan in March after nearly four years of self-imposed exile to contest a May 11 general election, but he was disqualified from standing because of pending court cases. The election was won by the Pakistan Muslim League-Nawaz (PML-N) of Nawaz Sharif, the prime minister Musharraf ousted in his coup 14 years ago.

Musharraf became the first former army chief to be arrested, breaking an unwritten rule that the top ranks of the military are untouchable, even after they have retired. But the current army chief has suggested the military is unhappy with how authorities have treated Musharraf.

Subsidy scam: Agbakoba seeks to quash suspect charges

Former President of the Nigerian Bar Association, Mr. Olisa Agbakoba (SAN), has filed an application praying a Lagos High Court, Ikeja to quash some charges of fuel subsidy fraud instituted against Mr. Seun Ogunbambo.

Agbakoba has just joined the defence team of the accused person, who faces multiple charges of fuel subsidy and bank fraud before two separate judges of the Lagos High Court.

The former NBA boss, through the application premised on a novel ground referred to as ‘Miranda rights’, is seeking the court to quash all the 10 counts of N976m fuel subsidy fraud.