Like the last three years, 2017 can be described as an eventful
but very controversial year in the history of the Nigerian
Judiciary, the issues of image and trust that have plagued the
third arm of government refused to go away. OLUGBENGA SOYELE
examines some of the major events that shaped the third arm of
government in 2017.
The 2016 hangover of the appointment of a new Chief Justice of
Nigeria and the raid by the men of the Department of State Services
(DSS) on the residence of some judicial offices, between October 7
and 9, 2016, which led to their arrest and subsequent suspension
from the Bench by the National Judicial Council (NJC) continued to
form a major talking point throughout the outgoing year.
It was not until March 7, 2017, when the then acting president
of Nigeria, Professor Yemi Osinbajo swore in Justice Walter
Onnoghen as the substantive Chief Justice of Nigeria that the
controversy generated by the delay of President Muhammadu Buhari in
sending his name to the senate for confirmation was finally put to
rest.
The NJC had recommended the appointment of Justice Onnoghen as
the CJN after the retirement of Hon. Justice Mahmoud Mohammed on
the 10th of November, 2016 but President Buhari chose to appoint
him in an acting capacity.
The controversial raid and suspension of eight sitting judges,
including two Justices of the Supreme Court assumed a new twist on
June 1, 2017, when the NJC recalled six of the suspended
judges.
The NJC, chaired by Justice Justice Onnoghen, had argued that
eight months after they were suspended over allegations of
corruption only three of the judges, Justice Sylvester Ngwuta of
the Supreme Court, Justice Rita Ofili-Ajumogobia of the Federal
High Court and Justice Adeniyi Ademola were arraigned in court.
While Hon. Justice John Inyang Okoro of the Supreme Court, Hon.
Justice Uwani Abba Aji of the Court of Appeal, Hon. Justice
Hyeladzira A. Nganjiwa of the Federal High Court, Hon. Justice Musa
H. Kurya also of the Federal High Court, and Hon. Justice Agbadu
James Fishim of the National Industrial Court of Nigeria, were
never put on trial.
However, Justice Ademola, the only one that stood trial and was
discharged and acquitted of the 18-count charge brought against him
and was later compulsorily retired by the NJC over allegations of
official misconduct.
The decision of the NJC to recall the six judges seemed to
awaken the Attorney General of the Federation, Abubakar Malami,
(SAN) from his slumber, as he, through the Economic and Financial
Crimes Commission (EFCC) on June 13 arraigned Justice Nganjiwa
before the Lagos State High Court and on July 11 Justice Fishim was
also docked before the same court.
Till date no charges have been filed against Justice Okoro,
Justice Abba Aji and Justice Kurya
But that was not the end of the controversy, because on December
11, following an appeal filed by Justice. Nganjiwa, challenging the
validity of his trial, the Lagos Division of the Court of Apeal,
presided over by Justice Abimbola Adejumo-Obaseki, quashed the
14-count charge brought against the embattled judge by the
EFCC.
The appellate court ruled that a serving judge could not be
investigated and prosecuted by the EFCC, stating that only the NJC
had that power.
The court ruled that Justice Nganjiwa could not be charged by
the anti-graft agency unless he is first dismissed or forced into
retirement by the NJC.
The implication of this verdict is that the EFCC may not be able
to proceed against all serving judges currently under trial until
the Supreme Court rules one way or the other.
Perhaps, worried by the effects of all these controversies on
the image of the third arm of government, the CJN on June 5
inaugurated a 13 -man steering committee on judiciary reform.
The committee, which is headed by the Secretary of the National
Judicial Service Commission, Mrs. Bilkisu Bashir was tasked with
coordinating a comprehensive reform of the country’s judiciary.
“Other members of the 13-man committee include Directors of
Administration from the Federal Judicial Service Commission, the
Supreme Court of Nigeria, the National Judicial Council, Federal
High Court , Court of Appeal, Sharia Court of Appeal , Customary
Court of Appeal, Federal Capital Territory High Court , National
Industrial Court and the President of the Judicial Staff Union of
Nigeria.
The committee, which was given one month to summit its report,
turned in its recommendations on July 16 and at the event Justice
Onnoghen promised that the report will be implemented to salvage
the judicial system.
Also on September 28, the CJN announced the setting up of a
Corruption and Financial Crime Cases Trial Monitoring Committee
(COTRIMCO) initially to be chaired by a retired President of the
Court of Appeal, Justice Ayo Salami, who opted out for personal
reasons. He was replaced by a retired Justice of the Supreme Court,
Justice Suleiman Galadima
The committee which has since began work, was set up in response
to the concerns expressed by Nigerians on the very slow speed at
which corruption cases were being heard and disposed of by the
courts.
According to the CJN, the committee would drive the NJC’s new
policy on the anti-corruption war by giving it feedback on the
progress of cases in the designated courts, conduct background
checks on judges selected for the designated courts, and evaluate
the performance of the designated courts.
The decision of the CJN and the President of the Appeal Court,
Justice Zainab Bulkachuwa to appoint senior lawyers directly to the
Court of Appeal and the Supreme Court early in the year also caused
unease among Justices of the Higher Courts and lawyers. Although
some lawyers have been nominated the process has so far remained
inconclusive.
The judges were also busy in the courtrooms, one of the biggest
cases resolved in the course of the year is the Peoples Democratic
Party (PDP) leadership crisis case, the legal battle between the
then Senator Ahmed Makarfi led caretaker committee and Senator Ali
Modu Sheriff led executive was resolved in favour of Makarfi by the
apex court of the land on July 12.
The trial of the Senate President, Bukola Saraki over
allegations of false assets’ declaration took a dramatic twist on
December 12, when the Justice Tinuade Akomolafe-Wilson-led Court of
Appeal sitting in Abuja struck out 15 of the 18-counts filed
against him by the federal government and ordered the Code of
Conduct Tribunal (CCT) to conduct a fresh trial of the Senate
President on three of the charges.
CCT had earlier in the year cleared him of all charges.
However, in spite of these efforts and others made by the EFCC,
ICPC and other agencies with power to prosecute criminal cases, the
problem of delay in the process of justice delivery remains largely
unresolved. It is a fact that none of the corruption related cases
commenced since President Buhari came into power has been
concluded.
The high profile cases that are still pending in court are those
of the Senate President, Bukola Saraki, the pension scam fraud in
the office of the Head of Civil Service of the Federation, the
now-infamous oil subsidy scam and the Central Bank of Nigeria
currency scam.
Others are: fraud cases involving a former Head of the Federal
Civil Service, Steve Oronsanye, corruption charges levelled against
over 12 former governors, some of which have been pending since
2007.
Others cases yet to be resolved one way or the other includes
those indicted over the funds for the purchase of arms to fight
Boko Haram, former National Publicity Secretary of the Peoples
Democratic Party, Olisa Metuh, former Chairman, DAAR Communications
Plc, Raymond Dokpesi, Sambo Dasuki.
Some of the criminal case filed in 2016, which are yet to be
concluded includes those filed against: Jide Omokore, Rickey Tarfa,
ex-Chief of Air Staff, Mohammed Umar, Air Vice Marshal, Adeniyi
Kayode-Beckley, Femi Fani-Kayode, Mrs. Nemadi Usuman.
Others are: former Chief of Air Staff, Air Marshal Adesola
Amosu, Air Vice Marshal, Jacob Bola Adigun, Air Commodore, Gbadobo
Olugbenga, Jide Omokore, a former Niger Delta militant leader,
Government Ekpemupolo (aka Tompolo), Patrick Akpobolokemi, a former
Defence Minister and Chairman, Board of Trustees, Peoples
Democratic Party (PDP), Haliru Mohamed Bello who was arraigned with
his son, Abba, and the former minister of Interior, Abba Patrick
Moro.
Other high-profile cases to watch out for in 2018 includes the
trial of the leader of the Indigenous People of Biafra, IPOB, Mr.
Nnamdi Kanu and three others and the trial of billionaire
kidnapper, Chukwudumeme Onwuamadike (popularly known as Evans).
2018 brings renewed hope that this cases will be resolved
speedily.
One other issue that must be resolved as quickly as possible in
the new year is the controversy generated by a graduate of the
Nigeria Law School, Firdaus Amasa, who was barred from the Call to
Bar ceremony in Abuja on December 13, for insisting on wearing her
hijab under her wig.
Another event to look forward to in 2018 is the Nigeria Bar
Associations general election which is already generating serious
interest another members of the bar.
Like the last three years, 2017 can be described as an eventful
but very controversial year in the history of the Nigerian
Judiciary, the issues of image and trust that have plagued the
third arm of government refused to go away. OLUGBENGA SOYELE
examines some of the major events that shaped the third arm of
government in 2017.
The 2016 hangover of the appointment of a new Chief Justice of
Nigeria and the raid by the men of the Department of State Services
(DSS) on the residence of some judicial offices, between October 7
and 9, 2016, which led to their arrest and subsequent suspension
from the Bench by the National Judicial Council (NJC) continued to
form a major talking point throughout the outgoing year.
It was not until March 7, 2017, when the then acting president
of Nigeria, Professor Yemi Osinbajo swore in Justice Walter
Onnoghen as the substantive Chief Justice of Nigeria that the
controversy generated by the delay of President Muhammadu Buhari in
sending his name to the senate for confirmation was finally put to
rest.
The NJC had recommended the appointment of Justice Onnoghen as
the CJN after the retirement of Hon. Justice Mahmoud Mohammed on
the 10th of November, 2016 but President Buhari chose to appoint
him in an acting capacity.
The controversial raid and suspension of eight sitting judges,
including two Justices of the Supreme Court assumed a new twist on
June 1, 2017, when the NJC recalled six of the suspended
judges.
The NJC, chaired by Justice Justice Onnoghen, had argued that
eight months after they were suspended over allegations of
corruption only three of the judges, Justice Sylvester Ngwuta of
the Supreme Court, Justice Rita Ofili-Ajumogobia of the Federal
High Court and Justice Adeniyi Ademola were arraigned in court.
While Hon. Justice John Inyang Okoro of the Supreme Court, Hon.
Justice Uwani Abba Aji of the Court of Appeal, Hon. Justice
Hyeladzira A. Nganjiwa of the Federal High Court, Hon. Justice Musa
H. Kurya also of the Federal High Court, and Hon. Justice Agbadu
James Fishim of the National Industrial Court of Nigeria, were
never put on trial.
However, Justice Ademola, the only one that stood trial and was
discharged and acquitted of the 18-count charge brought against him
and was later compulsorily retired by the NJC over allegations of
official misconduct.
The decision of the NJC to recall the six judges seemed to
awaken the Attorney General of the Federation, Abubakar Malami,
(SAN) from his slumber, as he, through the Economic and Financial
Crimes Commission (EFCC) on June 13 arraigned Justice Nganjiwa
before the Lagos State High Court and on July 11 Justice Fishim was
also docked before the same court.
Till date no charges have been filed against Justice Okoro,
Justice Abba Aji and Justice Kurya
But that was not the end of the controversy, because on December
11, following an appeal filed by Justice. Nganjiwa, challenging the
validity of his trial, the Lagos Division of the Court of Apeal,
presided over by Justice Abimbola Adejumo-Obaseki, quashed the
14-count charge brought against the embattled judge by the
EFCC.
The appellate court ruled that a serving judge could not be
investigated and prosecuted by the EFCC, stating that only the NJC
had that power.
The court ruled that Justice Nganjiwa could not be charged by
the anti-graft agency unless he is first dismissed or forced into
retirement by the NJC.
The implication of this verdict is that the EFCC may not be able
to proceed against all serving judges currently under trial until
the Supreme Court rules one way or the other.
Perhaps, worried by the effects of all these controversies on
the image of the third arm of government, the CJN on June 5
inaugurated a 13 -man steering committee on judiciary reform.
The committee, which is headed by the Secretary of the National
Judicial Service Commission, Mrs. Bilkisu Bashir was tasked with
coordinating a comprehensive reform of the country’s judiciary.
“Other members of the 13-man committee include Directors of
Administration from the Federal Judicial Service Commission, the
Supreme Court of Nigeria, the National Judicial Council, Federal
High Court , Court of Appeal, Sharia Court of Appeal , Customary
Court of Appeal, Federal Capital Territory High Court , National
Industrial Court and the President of the Judicial Staff Union of
Nigeria.
The committee, which was given one month to summit its report,
turned in its recommendations on July 16 and at the event Justice
Onnoghen promised that the report will be implemented to salvage
the judicial system.
Also on September 28, the CJN announced the setting up of a
Corruption and Financial Crime Cases Trial Monitoring Committee
(COTRIMCO) initially to be chaired by a retired President of the
Court of Appeal, Justice Ayo Salami, who opted out for personal
reasons. He was replaced by a retired Justice of the Supreme Court,
Justice Suleiman Galadima
The committee which has since began work, was set up in response
to the concerns expressed by Nigerians on the very slow speed at
which corruption cases were being heard and disposed of by the
courts.
According to the CJN, the committee would drive the NJC’s new
policy on the anti-corruption war by giving it feedback on the
progress of cases in the designated courts, conduct background
checks on judges selected for the designated courts, and evaluate
the performance of the designated courts.
The decision of the CJN and the President of the Appeal Court,
Justice Zainab Bulkachuwa to appoint senior lawyers directly to the
Court of Appeal and the Supreme Court early in the year also caused
unease among Justices of the Higher Courts and lawyers. Although
some lawyers have been nominated the process has so far remained
inconclusive.
The judges were also busy in the courtrooms, one of the biggest
cases resolved in the course of the year is the Peoples Democratic
Party (PDP) leadership crisis case, the legal battle between the
then Senator Ahmed Makarfi led caretaker committee and Senator Ali
Modu Sheriff led executive was resolved in favour of Makarfi by the
apex court of the land on July 12.
The trial of the Senate President, Bukola Saraki over
allegations of false assets’ declaration took a dramatic twist on
December 12, when the Justice Tinuade Akomolafe-Wilson-led Court of
Appeal sitting in Abuja struck out 15 of the 18-counts filed
against him by the federal government and ordered the Code of
Conduct Tribunal (CCT) to conduct a fresh trial of the Senate
President on three of the charges.
CCT had earlier in the year cleared him of all charges.
However, in spite of these efforts and others made by the EFCC,
ICPC and other agencies with power to prosecute criminal cases, the
problem of delay in the process of justice delivery remains largely
unresolved. It is a fact that none of the corruption related cases
commenced since President Buhari came into power has been
concluded.
The high profile cases that are still pending in court are those
of the Senate President, Bukola Saraki, the pension scam fraud in
the office of the Head of Civil Service of the Federation, the
now-infamous oil subsidy scam and the Central Bank of Nigeria
currency scam.
Others are: fraud cases involving a former Head of the Federal
Civil Service, Steve Oronsanye, corruption charges levelled against
over 12 former governors, some of which have been pending since
2007.
Others cases yet to be resolved one way or the other includes
those indicted over the funds for the purchase of arms to fight
Boko Haram, former National Publicity Secretary of the Peoples
Democratic Party, Olisa Metuh, former Chairman, DAAR Communications
Plc, Raymond Dokpesi, Sambo Dasuki.
Some of the criminal case filed in 2016, which are yet to be
concluded includes those filed against: Jide Omokore, Rickey Tarfa,
ex-Chief of Air Staff, Mohammed Umar, Air Vice Marshal, Adeniyi
Kayode-Beckley, Femi Fani-Kayode, Mrs. Nemadi Usuman.
Others are: former Chief of Air Staff, Air Marshal Adesola
Amosu, Air Vice Marshal, Jacob Bola Adigun, Air Commodore, Gbadobo
Olugbenga, Jide Omokore, a former Niger Delta militant leader,
Government Ekpemupolo (aka Tompolo), Patrick Akpobolokemi, a former
Defence Minister and Chairman, Board of Trustees, Peoples
Democratic Party (PDP), Haliru Mohamed Bello who was arraigned with
his son, Abba, and the former minister of Interior, Abba Patrick
Moro.
Other high-profile cases to watch out for in 2018 includes the
trial of the leader of the Indigenous People of Biafra, IPOB, Mr.
Nnamdi Kanu and three others and the trial of billionaire
kidnapper, Chukwudumeme Onwuamadike (popularly known as Evans).
2018 brings renewed hope that this cases will be resolved
speedily.
One other issue that must be resolved as quickly as possible in
the new year is the controversy generated by a graduate of the
Nigeria Law School, Firdaus Amasa, who was barred from the Call to
Bar ceremony in Abuja on December 13, for insisting on wearing her
hijab under her wig.
Another event to look forward to in 2018 is the Nigeria Bar
Associations general election which is already generating serious
interest another members of the bar.
Read more https://nairalaw.com/2017-an-eventful-but-controversial-year-for-the-nigerian-judiciary/