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JUDICIARY

Stakeholders Seek Review of NJC Roles in Judicial Appointments

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Stakeholders have called for a review of the role of the National Judicial Council (NJC) in discharging its responsibility for judicial appointments into the Superior Court of record.

This is contained in a communique presented by Dr Babatunde Ajibade, SAN, Chairman of the Joint Planning Committee at the end of a two-day National Summit on Justice.

The News Agency of Nigeria recalls that the theme of the summit was ‘Repositioning the Justice Sector in Nigeria: Constitutional Statutory and Operational Reforms for Access and Efficiency’

The stakeholders expressed concern over the fact that the Chief Justice of Nigeria, who is the chairman of the NJC is also the chairman of the Federal Judicial Service Commission (FJSC) the body that initially reviews proposals or lists of candidates by appointment into judicial office.

The summit pointed out the seeming inconsistency between the CJN playing both roles, as it would appear that he is recommending candidates to himself being chairman of both bodies, and being the person who appoints a significant number of the members of both bodies other than those who are statutory members.

There’s a general consensus by the summit on the need to reconstitute or propose reconstitution of both the NJC and the FJSC.

On the role of the State Judicial Service Commission in judicial appointmens, the summit concluded that there was a significant need to ensure that composition of the SJSC is more diverse, that it reflects the interests of the users of the justice sector.

Stakeholders noted the fact that the current NJC guidelines may have subverted the intent of the constitutional provision, empowering the SJSC to make judicial appointments, rather than authorising the SJSC to prepare a shortlist of potential candidates for judicial appointments, appear to address that responsibility solely in the Chairman (Chief Judges of States).

Participants also proposed interventions in areas such as human rights protection, fair trial mechanisms, alternative dispute resolution, and technological advancements for a more efficient system.

On funding, budgeting and administration for the judiciary, the summit resolved
that the current process for funding the courts was totally deficient.

They noted that it was evident that the provisions of the Constitution as amended by the Fifth Amendment, authorising that funding for the State courts should be a joint effort carried out by the executive and the judiciary was not being implemented in any shape or form in the majority of the states.

Recommendations were made that this was something that needed to be pursued and dealt with decisively, as the summit stated that funding of the judiciary at the federal level is much better than what obtains in the States of the Federation.

Participants noted the need to professionalise the administration of the courts, as well as to appoint persons with clear administrative experience to be selected through a transparent process to administer the courts, and to separate the administration of the courts from the administration of justice.

On eradicating delays in the administration of justice agenda for leveraging the rules of procedure and effective case management in Nigeria, they  considered the importance of limiting the jurisdiction of the Supreme Court, and ensuring that matters that would go to the Supreme Court would only be matters of significant national importance.

The summit also stated the need for there to be clarity as to who has the authority to discipline legal practitioners and also issues as to how to improve the efficiency of the disciplinary process for legal practitioners.

It was agreed that significant steps needed to be taken in these areas to enhance the quality of justice delivery in Nigeria and increase the confidence of members of the public in our justice sector.

Participants noted the commitment by the Attorney General of the Federation and by all stakeholders.

They stressed the need to quickly engage the resolutions into draft legislation that will be presented to the National Assembly for inclusion in the ongoing constitution review process, and also for non-constitutional related legislation to be implemented almost immediately. NAN)

JUDICIARY

Ondo poll: Court Declines to Disqualify Edema as NNPP Candidate

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An Ondo High Court in Akure on Thursday set aside the suit challenging the candidature of Mr Olugbenga Edema as the flag-bearer of the New Nigeria People’s Party (NNPP) for the Nov. 16 governorship election in the state.Delivering judgment, Justice Oluyemi Osadabay, held that the court lacked jurisdiction to entertain the suit filed by a factional candidate of the party, Mr Michael Akintan, and his deputy, Mrs Kemi Fasua.

They are challenging the emergence of Edema as the candidate of the party.
Edema , a former lawmaker, emerged as the candidate of the party on June 5, after the former candidate, Mr Oluwatosin Ayeni stepped down for him.He chose Dr Rotimi Adeyemi as his running mate.Ayeni was later made the official spokesperson of the candidate and the Director-General of Ondo State NNPP Gubernatorial Campaign Council after his resignation as a candidate.
However, in an originating summons filed by Akintan, Fasua, Dr Gilbert Agbo, and Comrade Oginni Olaposi, members of the party,questioned the emergence of Edema as the candidate of NNPP and his running mate.In the suit, plaintiffs through their counsel, Mr Monday Mawah sought the court’s judgment on whether, in light of Sections 77 (2) and 77(3) of the Electoral Act 2022, the party was required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary.The primary held on April 26.They also asked whether, based on section 77(3), the defendant, whose name did not appear in the submitted register of the party, could validly claim membership in the party as at the party’s primary date.The claimants were seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member and the candidate of the NNPP in on the state for the Nov. 16 governorship election.But the defendants, through their lawyer, Mr Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process.Olorunfemi said the suit was supposed to be filed at the Federal High Court, being a pre-election matter.He stated that the issue of jurisdiction was a matter that would go to the root and the competence of a court with adjudicatory power on a suit before it.“ Since the court has no jurisdiction, the case should be dismissed with cost against the claimants,” he said.In her judgment, Justice Osadabay struck out the suit for lack of jurisdiction.She said since the case fell within the pre-election matter, it was only the Federal High Court that could decide to entertain the case.The judge awarded N100.000 against the claimants.Reacting to the judgment, Edema said the judgment had led to rest the issue of whether he was a member or a candidate of NNPP. “We knew a lot of people who are our adversaries were looking forward to dividing us.“But thank God, apart from the judgment of this court, we have come together as a party to be one family.“So, we are going to walk into this election as one family of NNPP.So, to the glory of God, the people of NNPP should rest assured that their candidate of NNPP is now on the ballot in the eye of the law and squarely.“ And come Nov. 16, we will win with the support of the people of NNPP and God,” he said.Similarly, Akintan said he was ready to accept Edema as the candidate of the party.He said the court had decided the candidate and he would abide by the decision.Edema was also the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC).( NAN)

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Woman Bags 3 Years Imprisonment for N5.8m Visa Fraud

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A Kaduna Chief Magistrates’ Court, on Thursday sentenced a 40-year-old woman, Danielle Justin, to three years imprisonment for alleged N5.8m visa fraud.The Magistrate, Mr Ibrahim Emmanuel, sentenced Justin after she pleaded guilty to a charge of fraud.Emmanuel, however, gave the convict an option to pay N50,000 as fine.

He also ordered the convict to pay N5.
8m as compensation to the complainants.Earlier, the Prosecutor, Insp Chidi Leo, told the court that the defendant got N2.
4m each from the complainants, Timothy Sunday and Grace Leonard for Canadian and French visas/tickets, which he failed to deliver.“The defendant fraudulently collected the money from her clients and failed to deliver the visas and tickets to enable the complainants travel as planned,” he saidLeo said that the defendant converted the money to her personal use.
The prosecutor said that the offence contravened the Penal Code of Kaduna State 2017. (NAN)

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JUDICIARY

Court Orders EFCC Lawyer to Confirm Alleged Fictitious Report in Ali Bello’s Trial 

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A Federal High Court in Abuja, on Wednesday, ordered the EFCC lawyer, Abbas Mohammed, to confirm and report back to the court if an alleged “misleading” report on the court’s proceedings was from the commission’s website.

Justice Obiora Egwuatu gave the order after the defence lawyers in the money laundering trial of Ali Bello and his co-defendants accused the EFCC of publishing untrue accounts of what transpired in court on Tuesday on its website against their clients.

Abubakar Aliyu, SAN, and Nureini Jimoh, SAN, who appeared for the defendants in the alleged N3 billion fraud, had informed Justice Egwuatu about the development shortly after the matter was called.

They complained that a report on the proceedings of Tuesday posted on the website of the anti-graft agency and on social media contradicted what transpired in court, and that this was not the first time such would happen.

The lawyers alleged that the witness, who was cross-examined, said that he never said that the money used in the payment of the school fees of the children of the former governor, Alhaji Yahaya Bello, came from Kogi State Government but that what the EFCC reported in the media was different.

The EFCC had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as 1st to 4th defendants, respectively.

Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge.

Upon resumed hearing on Wednesday, Jimoh, who appeared for 2nd, 3rd and 4th defendants, had informed the court that though the matter was slated for continuation of hearing, however, he had a preliminary application to make.

He said his application hinged on the publication by the prosecution.

The senior lawyer alleged that there had been incessant and unfair publications by the EFCC against the defendants, which might negatively affect public confidence in the administration of justice.

“We have kept quiet severally when these publications were coming from the EFCC so as to allow the trial to proceed,” he said.

Jimoh said the “misleading publications” were meant to incite the public against the decision of the court in the trial.

“After proceedings yesterday (Tuesday), in the evening, we saw a disturbing publication on the EFCC website, saying that PW-3 (the 3rd prosecution witness) affirmed before Justice Obiora Agwuatu of the Federal High Court in Abuja that funds were brought to him (witness) by the agents of the state government to pay the school fees of Alhaji Yahaya Bello’s children,” he said.

The lawyer said that such publications, which were contrary to what actually transpired in court, could grossly affect the proceedings of the court and public confidence in the justice system.

“I want to draw the attention of your lordship to Rule 39 of the Rules of Professional Conduct that forbid such advertisment or publication.

“My application therefore is that if this honourable court finds that this publication is contrary to proceedings in court yesterday, that the court directs that the publication should be brought down immediately on the website and that the EFCC should publish a rejoinder immediately.

“My number three application is that the EFCC should stop forthwith from making such publications,” he prayed.

Jimoh also urged the court to suspend proceedings pending when the EFCC complied with the directives.

He said this was to ensure the sanctity of the administration of justice in obedience to the statutory laws.

He then gave a copy of the printout of the publication from the commission’s website to the EFCC’s lawyer, Mohammed, in open court.

Corroborating Jimoh’s submission, Aliyu, who represented Bello (1st defendant) in court, drew the attention of the court to a ruling of the Supreme Court in Atiku Abubakar Vs. INEC and others.

The lawyer said that the apex court cautioned lawyers against engaging in social media reports to divert the attention of the public from what really transpired in court.

According to him, the court says counsel must review their conduct and desist from engaging on social media.

“We are having a situation where what the witness said is contrary in the social media.

“This is not the first time this is happening. We made same complaint before Honourable Justice Omotosho.

“The witness (PW-3) said he never said the money came from Kogi State Government but what they are saying in the media is different,” Aliyu added.

Responding, EFCC’s lawyer said though he had seen the printed publication, he could not verify its source for now.

“Confirm for clarity sake whether it is from your website,” the judge said.

“I will need to confirm from the media team my lord.

“We are minister in the temple of justice that is why I said I would need to confirm from the media team my lord,” he said.

Justice Egwuatu, in a short ruling, ordered the prosecution lawyer to confirm the publication in his office and report back on the next adjourned date.

Meanwhile, the trial continued with Aliyu’s cross examination of PW-3, Jamilu Abdullahi, a Bureau de Change operator.

When Aliyu asked the witness if Mohammed Idris was the person that brought the 300,000 dollars to him, the witness said he could not remember who brought the money.

Again, when the lawyer asked the PW-3 if he would be surprised that the N2.1 billion paid into the 2nd defendant’s account on Dec. 14, 2021, from which the school fees was paid, was a loan from Access Bank, the witness said he did not know the source of the money.

The Judge thereafter adjourned the matter until Nov. 28 for continuation of hearing.

It would be recalled that on Tuesday, the PW-3 was cross-examined by Aliyu in the ongoing trial.(NAN)

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