Category: Judiciary

Flowerbudnews

A rights group, Center Against Injustice and Domestic Violence (CAIDOV), in collaboration with Advocate for Social Justice and Defence of Rule of Law, has condemned alleged plan by the Attorney General of the Federation (AGF), Mr Lateef Fagbemi, SAN, to take over prosecution of a case six years after the matter commenced..

The group, which raised the alarm at a press briefing in Ikeja, said the case involved a foreign oil company and five others accused of $8.4million fraud.

It would be recalled that Trafigura Beheer BV Trafigura PTE Ltd is facing trial alongside two oil marketers – Osahon Asemota and Yusuf Kwande as well as Mettle Energy and Gas, Renbrandt Ltd and Jil Engineering and Oil Services Ltd.

The defendants had been, for six years, facing a three-count charge of conspiracy, stealing and receiving stolen property preferred against them by the Police Special Fraud Unit (SFU) before Justice Mojisola Dada of the Ikeja Special Offences Court.

The prosecution had accused the foreign oil company, alongside its four co-defendants, of stealing 6.4 metric tonnes of diesel oil worth $8.4million belonging to Nadabo Energy Ltd sometimes in October 2008.

During the six-year’s trial, 17 witnesses testified on behalf of the prosecution before the agency closed its case while the defendants have so far, called four witnesses.

Speaking, the Convener of the group, Gbenga Soloki, said the trial took a puzzling turn when the Director of Public Prosecution of Federation, Federal Ministry of Justice, Mr M.A Abubakar, by a letter dated Feb. 29, 2024, announced the takeover of the prosecution by the office of the AGF.

“According to the letter, the takeover of the prosecution of the case was in exercise of AGF’s powers under Section 174(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which provides to take over and continue any such criminal proceedings that may have been instituted by any other authority or person,” Soloki said.

He said based on the group’s investigations, AGF took over the prosecution of the case as a result of the complaints to his office sequel to a letter dated Nov. 7, 2023.

He said the takeover of the matter by the office of the AGF would only lead to more delays.

According to him, the same Section 174(3) of Constitution of the 1999 Federal Republic of Nigeria (as amended) which empowered AGF to takeover prosecution of matters also provided that the AGF of the federation should have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

He queried why other options as provided by law which would not cause further delays in the case were not explored before the aggrieved parties in the suit resorted to writing to the office of the AGF.

According to him, it is our humble view that there are quite a number of options available for any of the parties before the court that has any complaint against the handling of such matter by the judge.

“Such parties can complain directly to the National Judicial Council (NJC), a body responsible for discipline of judicial officers or lodge a complaint with the Chief Judge of the State who has the administrative power to look at such complaint and reassign the matter to another judge or asked the trial judge to continue if such complaint usually initiated via a petition is found unmeritorious.

“However, in the instant case, fear is been expressed in some quarters that the matter may have been infested with virus of delay.

“The AGF is a quiet achiever and the group is also aware that he is a stickler for rule of law and a notable combatant in the defence of justice,” Soloki said.

He, therefore, made a plea to the AGF to ensure fairness and justice to all parties by allowing the trial court to decide suit base on merit and evidence before it.

“We are calling on the AGF to always look at the larger picture of his office as commanded by Section 174(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“We urge the Honourable Attorney- General to continue to work as he has started well on restoration of public confidence in the system and etch his own name in gold anytime the history of administration of criminal justice system of the country is being told.

“There is no doubt, history beckons on the AGF and this is the time to make the difference as no affinity to any institutions, persons or group should stop him from making history at this period of time in our nation,” he concluded.

Flowerbudnews
Prof. Chidi Odinkalu, former Chairman, National Human Rights Commission (NHRC), has faulted the recent disciplinary measures meted out to three judges by the National Judicial Council (NJC).

Odinkalu alleged that the NJC, under the chairmanship of the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, “has destroyed its own credibility.

He spoke in an interview on Channels TV programme: “Politics Today,” monitored by the News Agency of Nigeria (NAN) in Abuja.

NAN reports that the NJC, at its 105th meeting dated May 16 but made available to newsmen on Monday, issued warning letters to three judges and barred two of them from elevation to higher bench for a period.

Justice Inyang Ekwo of a Federal High Court (FHC), Abuja was barred from being elevated to a higher Bench for a period of two years “for abuse of discretionary power of a judge by wrongly granting an ex-parte order in suit number: FHC/ABJ/C/626/2023 Juliet Ebere Nwadi Gbaka & 2 Ors V Seplat Energy Plc & 12 Ors.”

Justice G. B. Brikins-Okolosi of Delta State High Court was also barred from being elevated to a higher Bench for a period of three years “for failure to deliver judgement within stipulated period in Joseph Anene Okafor Vs Skye Bank, suit number: A/94/2010 after parties had filed and adopted their final written addresses.”

However, the NJC cautioned Justice Amina Shehu of Yobe State High Court for issuing writ of possession conferring title on the defendant in suit number: YBS/HC/NNR/1cv/2020 when there was no subsisting judgement of any court to enable His Lordship issue the writ.”

Reacting in the interview, Odinkalu said the measures had destroyed the system of discipline and accountability in the judiciary.

“One of the so-called disciplinary measures announced by the NJC last Friday was against a judge of the Yobe State High Court who issued a warrant of possession without an underlined judgment.

“That really is burglary; it is at the minimum, a theft. So a judge decides to issue a warrant to collect somebody else’s property with no judgment underlying it.

“That is a crime! Do you know what the NJC did? They said ‘they are going to write a love letter to this woman to warn her not to do it again.’

“If you did that kind of thing (pointing to the journalist), you will be in jail, either as a pretrial detainee or a convict,” he said.

Odinkalu, who is also a lawyer, said even though the judge was found to have done this, the NJC resolved to write to caution her.

He described the NJC’s act as “a slap on the wrist.”

Citing another instance, he said: “Another of the cases they announced was a judge in Delta State who wasted seven years after address without issuing a judgment.

“They also said they were going to issue a warning and he will not be promoted for another three years.”

According to Odinkalu, that is destroying the system of discipline and accountability in the judiciary.

“You cannot tell me and you cannot tell any reasonable Nigerian that a judge who abuses their power for the purpose of stealing other people’s property under colouration of the rule of law, manifestly, should be written and be cautioned.

“The person does not have any business being a judge, but because this chief justice has wasted the authority of the judiciary, he cannot run a disciplinary system that works. That is the problem.

“So all of those announcements on discipline they made last Friday, absolutely made my point that this current chief justice lacks the authority to say anything credible on discipline and accountability in the judiciary,” he concluded.

The human rights activist, who condemned the recommendation of Ariwoola’s family members as judges in the latest list of 86 judicial officers, advised President Bola Tinubu not to single out judges for salary increase.

He said increasing the salaries of judges without commensurate increase in the judiciary workers’ salaries would be counter-productive because the output of judges depends on the wellbeing of the judiciary staff members.

“You cannot just single out judges because they are not the only people in the system.

“By singling out judges will ensure that this will not be sustainable,” he said.(NAN)(www.nannews.ng)

Flowerbudnews
A Federal High Court, Abuja has adjourned a suit filed by the police against Mr Aliyu Abdulhameed, former Managing Directing, Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL) Plc, over alleged document forgery until June 8.

Justice Inyang Ekwo adjourned the case after prosecuting counsel, CSP Celestine Odo, sought an adjournment to enable them out their house in order.

When the matter was called, Odo said though the matter was slated for trial commencement, the prosecution was constraint to ask for further date.

Chief Akin Olujimi, SAN, counsel for Abdulhameed and his co-defendant, Babangida Abdullahi, did not oppose the application for adjournment.

Justice Ekwo subsequently adjourned the matter until June 8, June 9 and June 10 for trial commencement.

The News Agency of Nigeria (NAN) reports that Abdulhameed and Abdullahi were arraigned on March 13 on a 10-count charge before the judge but pleaded not guilty to the counts.

They were, however, admitted to terms of administrative bail earlier granted to them by the police.

NAN reports that the criminal charge, dated and filed Nov. 28, 2023, was marked: FHC)ABJ/CR/555/2023.

In the charge signed by Odo, Legal/Prosecution Section of the Nigeria Police Force Headquarters, the defendants, and others now at large, were alleged to have, about Oct. 23, 2023, conspired among themselves to commit an offence of forgery.

In count two, the defendants, and others now at large, sometime in Oct. 23, 2023, were alleged to have conspired among themselves to commit the offence.

The offences are said to be contrary to Section 3(6) and punishable under Section 1(2){c} of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation of Nigeria, 2010.

NAN reports that former President Muhammadu Buhari had, on Dec. 1, 2022, fired Abdulhammed on allegations of corruption bordering on agric loans.

NIRSAL, a $500m non-bank financial institution, is a creation of the Central Bank of Nigeria (CBN) mandated to manage agribusiness-related credit risks in Nigeria.(NAN)(www.nannews.ng)