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JUDICIARY

Lawyers Disagree with CJN’s proposal on Reduction of Supreme Court Justices

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Some lawyers have expressed divergent views on the submission of the Chief Justice of Nigeria (CJN), Tanko Muhammad, for the reduction of Supreme Court Justices from 21 to 16.

The CJN on June 3, presented to the Senate Committee on the review of the Constitution of the Federal Republic of Nigeria, 1999 as amended a 45- point constitutional proposal on judicial reforms for amendment.

Some legal practitioners, who said this in Abuja, disagreed with Muhammad that the number of justices should be pegged down to 16.

For Mr Abdulhamid Mohammed, a lawyer, instead of reducing the number, the apex court judges should be increased to ensure quick dispensation of cases.

“Sometimes, lawyers differ from opinion of judges. As practitioner, the fact is the Supreme Court is overwhelmed at the moment.

“Every consequential issue that you have an appeal on, you take it to the Supreme Court; divorce matters go up to the Supreme Court, land matter goes to Supreme Court, etc, except the Industrial Court matters which stop at the Court of Appeal.

“So the Supreme Court is overwhelmed, especially when there is election petition matters at the Supreme Court.

“So you will see in the whole legal year, those matters that go to Supreme Court, the judges might not even handle them because they are overwhelmed,” he said.

Mohammed also argued that even the present number, at times, hampered how panels are constituted.

“Sometimes you go to Supreme Court and you discover that a panel that is supposed to handle a particular matter, the panel may not be fully constituted.

“Then they have to go back and constitute that panel and what brought about this is actually because of the number of judges are not adequate in my own humble opinion,” he added.

The lawyer noted that the apex court had three courtrooms and so many cases are brought to the court.

“The situation warrant that in every civil appeal, they go to Supreme Court; criminal appeal, they go to Supreme Court and even interlocutory appeal, they go to Supreme Court.

“So that is why the Supreme Court is overwhelmed with many appeals. Therefore, before an appeal is determined at the Supreme Court, it may take years ” he said.

Accordibg to him, those instances from my humble opinion, it is only increasing the number of judged that will take care of that.

“Presently, there is even a bill in the National Assembly to ensure the welfare of judges and their retirement age.

“So we need to even increase the number of justices at the Supreme Court,” he restated.

Mohammed said some people had advocated that the apex court be divided into divisions to facilitate speedy dispensation of justice.

“Some are even canvassing that we should bulkanise the Supreme Court so that the court should sit in judicial divisions, not necessarily in the central place they sit now.

“They should have judicial divisions so that they can fasttrack matters,” he said.

Also, a Lagos-based lawyer, Josephine Uzoya-Ijekhuemen, said she did not agree with the submission.

Corroborating Mohammed’s statement, Uzoya-Ijekhuemen said, “as we stand, the court is already overwhelmed and we do not have the requisite number of Justices to date.”

“So reducing them further is not a good idea and will only result  in hardships and delays which is not good for Justice.”

Another legal practitioner, Ede Joshua-Oritsegbemi, opposed the proposal by the CJN, seeking reduction in number of justices at the apex court.

“With profound respect to His Lordship, the Chief Justice of Nigeria, I don’t hold same view that the number of Supreme Court justices should be reduced to 16 from 21.

“My candid opinion is that the number of justices be increased beyond 21,” he said.

Joshua-Oritsegbemi, a civil right activist, also said that rather than reduction in their number, the constitution should be amended to ensure that the apex court have judicial divisions.

“The Supreme Court should have other Judicial Divisions of at least one(1) in each geo-political zones of Nigeria.

“The National Headquarters should be in  Abuja,” he urged.

According to him, the idea is based on the volume, quality and the contentious nature of our cases.

“Consequently, we cannot afford to comfortably and reasonably do otherwise in this current reality that is facing us squarely,” he said.

The lawyers, who backed the CJN on altering the the 1999 Constitution to mandate the National Judicial Council to fix and review salaries of judges every four years, however disagreed with him on the suggestions that all appeals from the Court of Appeal should be by leave of the Supreme Court.

For Mohammed, the review of the judges’ salaries would enhance their welfare packages and increase their productivity.

He said it was disheartening that the salaries of most of the judicial workers were stagnant.

According to him the salary of a high court judge does not even fluctuate; the judge can stay for 15 to 20 years in the bench but the salary will still remain stagnant unlike other allowances and some benefits.

He said except the judge was promoted to Court of Appeal or Supreme Court, the basic salary would remain stagnant.

Uzoya-Ijekhuemen said the submission would give more independence to the National Judicial Council and perhaps helped to promote this financial autonomy “that is needed for the independence of the judiciary which should be a separate arm as defined by the Principle of separation of power.”

Joshua-Oritsegbemi also supported the CJN’s view on fixing and reviewing salaries of judges.

“I concur with the view of  His Lordship, Chief Justice of the Supreme Court of Nigeria that the NJC should be the constitutionally mandated body to fix and review the salaries of judges and magistrates should be included in my own humble view) in conjunction with the Revenue Mobilization Allocation and Fiscal Commission ( RMAFC) every four years,” he said.(NAN)

CRIME

Bricklayer Bags Life Imprisonment for Defiling Minor in Toilet

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An Ikeja Sexual Offences and Domestic Violence Court on Monday sentenced a Bricklayer, Azeez Shoderu, to life imprisonment for defiling his neighbour’s eight -year-old daughter in a toilet.

Justice Rahman Oshodi sentenced Shoderu after he found him guilty of the one-count charge of defilement proffered against him by the Lagos State Government.

Oshodi held that the prosecution successfully proved the offence of defilement against the convict.

According to him, the survivor’s testimony is well corroborated with the testimony of the investigative police officer, who also testified before the court.

He said the evidence of the convict was inconsistent and all attempted to distant himself from the offence did not hold waters.

Oshodi said: “The prosecutrix (survivor) gave a compelling, eyewittness evidence before  this court  that the convict, alias chisco ‘took me to the toilet, carried me on his lap, covered my mouth  and put his thing in my ‘bumbum’.

“The prosecutrix identified the convict as his neighbour and when one of their neighbours  saw them, he threw  her into the other bathroom and ran  away.

“Her evidence was consistent throughout her examination-in-chief that the convict removed her pant and put her on his lap,” the judge said.

The judge also said that the convict’s action had undoubtedly inflicted deep psychological wounds that might take a lifetime to heal.

The court further held  that  the convict admitted that he interacted with the child at the compound, where he claimed to have asked the child to bring water to him in the toilet.

However, the child narrated that she went to urinate at the bathroom, where the convict thereafter covered her mouth, placed him on his lap and had sexual act with her.

Meanwhile, the convict denied that nothing happened when taken to the police station.

During his arraignment on Sept. 29, 2023, he pleaded not guilty.

The court held that the convict was a squatter on Ago-Hausa Street in Ajegunle, Lagos, where he interacted with the child, and confirmed that he was at a toilet facility where the survivor was also present.

The court held  that  the evidence of the survivor was corroborated by the medical report, the Investigating Police Officer and medical doctor’s evidence showed that the convict committed the offence.

The judge noted that a child that had not attained the age of 18 was incapable of consenting to sexual activity.

The court having found  the convict guilty,  hereafter sentenced him to life imprisonment and ordered that  his name should be registered as a sex offender.

The state counsel led by Mr Dare Dada presented three witnesses and tendered exhibits in court to prove the charge against the convict during trial while the defendant testified in his own defence.

According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of 2015. (NAN)

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JUDICIARY

Shares: Court Adjourns Ecobank’s suit Dec.1

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 A Federal High Courtin in Lagos, on Monday, held that it would await the decision of the Court of Appeal in a suit  by Ecobank challenging  alleged sale of 6.3 billion shares in Barbican Capital Ltd.

Ecobank had filed the suit against Obafemi Otudeko, Barbican Capital Ltd.

, and Honeywell Flour Mills of Nig.
Plc. as the first, second and third defendants, respectively.

Also joined as defendants are: Siloam Global Services Ltd., Oyeleye Foluke, First Bank of Nigeria (FBN) Holdings Plc., Corporate Affairs Commission (CAC), and the Nigerian Stock Exchange as  the fourth,  fifth,  sixth,  seventh and  eighth defendants,  respectively

The plaintiff, through its counsel, Mr Kunle Ogunba (SAN), is seeking, among other things, an interlocutory order restraining the defendants, collectively or individually, from taking any steps to sell, transfer or otherwise deal with the N6.

3 billion aggregate shares of Barbican Capital Ltd. in FBN Holdings Plc. pending determination of the suit.

The bank is also seeking an interlocutory order to restrain the defendants from converting the shares of Honeywell Flour Mills Plc. pledged to Ecobank in furtherance of a credit facility, into cash or any negotiable instrument, pending determination of the suit.

The defendants had, however, filed preliminary objections challenging the court’s jurisdiction to entertain the suit.

They filed the objections on the grounds that a similar suit was pending before Justice Yellin Bogoro.

The defendants also raised objections on the grounds that there was  a pending appeal on the matter before the Court of Appeal.

They said that the pending suit and appeal deprived the court of the jurisdiction to entertain the suit.

The defence had sought transfer of the case to the court’s administration judge since a similar suit was  before Justice.

In a ruling on Monday, Dipeolu held that the court would not entertain applications in a suit pending before an appellate court.

“It will amount to judicial recklessness for the court to proceed,” he held.

He held that it was trite law that once an appeal was entered and the court was notified, the lower court would  be stripped of its jurisdiction.

He cited the  case of Okafor versus Attorney-General of Anambra State.

He said that parties in the suit had already informed the court of the existence of a similar  suit before Bogoro, adding that the   issue had been resolved.

He said that the court would not act on any application before it pending the court of appeal’s decision.

Dipeolu adjourned the case until Dec. 1 for mention.

Ecobank brought its suit marked FHC/L/CS/638/2025 pursuant to Order 26 Rules 5(1) and 6(1) of the Federal High Court (Civil Procedure Rules) 2019, and Section 36 of the 1999 Constitution.

The suit is supported by a 38-paragraph affidavit deposed to by one Mr Jafaru Kupa, a Financial Officer at Ecobank.

At the last adjourned date, Mr Bode Olanipekun (SAN), Mr Ade Adedeji (SAN), and Mr Taiwo Osipitan (SAN) appeared for the first, second and third defendants, respectively.

Mr Ademola Adesina appeared under protest for the fourth and fifth defendants, while Ms Abiola Ogundare and Mr Luqman Salman represented the sixth and seventh defendants.

Explaining his appearance under protest, Adesina said that fourth and fifth defendants had not been personally served with the originating processes.

He claimed that the defendants  only became aware of the suit through media reports.  (NAN)

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CRIME

Two Friends Jailed 12 Months Each for Stealing Clothes

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An Area Court in Jos on Monday, sentenced to friends, Michael Auta and Gabriel Sunday to 12 months imprisonment each for  stealing  clothes  valued at N488,000.

The judge, Mrs Shawomi Bokkos, sentenced the convicts after they pleaded guilty to the offence.

The judge however gave the convicts an option of fine of N50, 000 each.

She also ordered that they both pay compensation of N200, 000 each to the complainant or risk another 12 months in jail for default.

Earlier, the Police Prosecutor, Insp Daniel Damulak, told the court that the case was reported at the B division police station, on April 17, by the complainant, one Ms Gift Ernest.

Damulak said the complainant told the police that the accused persons trespassed into her shop and stole clothes valued at N488, 000.

He said that during police investigation, the accused persons confessed to have committed the offence.

The prosecutor said that the offence contravened the Plateau State Penal Code law of Northern Nigeria of 2017. (NAN)

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