Category: Judiciary

Abuja:   A Federal High Court, Abuja has fixed Jan. 29 for hearing of a suit filed by seven senior advocates of Nigeria against Gov. Yahaya Bello of Kogi and others over his appointment of judges in the state in violation of extant laws.

The News Agency of Nigeria (NAN) reports that the suit, which was assigned to Justice James Omotosho, sought a mandatory order restraining the defendants from appointing new judicial officers until there is strict compliance with the laws.

The aggrieved lawyers, who also hail from Kogi, are Yunus Usman, SAN; Jibrin Okutepa, SAN; Patrick Okolo, SAN; Abdullahi Haruna, SAN; Reuben Atabo, SAN; Shaibu Aruwa, SAN and Johnson Usman, SAN.

The plaintiffs, in the originating summons marked: FHC/ABJ/CS/05/2024, sued the National Judicial Council (NJC), Kogi State Judicial Service Commission, Governor of Kogi and Attorney-General and Commissioner for Justice in the state as 1st to 4th defendants respectively.

The suit filed Jan. 11 sought a declaration that the selected candidates, including Mrs Amina Yahaya Bello, the governor’s wife, for onward transmission to NJC for appointment as judges was not “totally based on merits, competence, sound knowledge of the law, professional expertise and skill, seniority, fairness, equity and equality.”

They argued that the same was marred by political and ethnic influence contrary to the provisions of Rule 3 (6)(i)-(iv) and Rule 4(4)(a) of the NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all superior Courts of Records in Nigeria, 2014 and Section 153 of the 1999 Constitution (as amended),
They said it also contravened Paragraph 21(c) Part I, Paragraph 6 (a) and (b) Part II of the Third Schedule to the Constitution (Supra); as well as Section 14 (4)(a) of the Constitution (Supra), among other reliefs.
In the affidavit deposed to by Okolo, they averred that two women were shortlisted from Kogi Central and that one of them was Amina, Gov. Bello’s wife.
They alleged that Amina and other shortlisted candidates did not have the required number of judgments of both trial and appellate courts that qualifies them for appointments as judges of the superior courts of records in Kogi as required by the NJC’s rules.
They also alleged that the state’s judicial service commission was doing the bidding of the governor.
The chief judge of the state, in a letter dated Oct 9, 2023 with Reference Number: CJ/S/1/1X/A/355 to the Lokoja Branch of Nigerian Bar Association (NBA) and sighted by NAN, said the list was a provisional shortlist of candidates for the appointment of the 10 judicial officers.
They were to be appointed into the state’s High Court, Sharia Court of Appeal and Customary Court of Appeal.

The 29 candidates in the letter include “Badiru Abdulghaniy, Ezema Beatrice, Ibrahim Idenyi, Amina Yahaya Bello, Joseph Sunday Ajesola, Dr. Mohammed Tanko, Badama Kadiri, Umaru Medina, Ibrahim Jubril Oladimeji, Ojoma Rachael Haruna, Zakari Wahab and Halimat Onuka for the High Court of Justice.
The candidates for the Shari’a Court of Appeal are Idris Abdullahi, Abdulwasiu Salaudeen, Muhammad Bello and Mohammed Agaba.
Others are Okino Saidu, Abdulaziz Abdulmali, Ganiyu Adeku,. Yakubu Abbas, Hassan Hussaini, Musa Jibreel, Hussaini Labaran, Salihu Abdullahi, Idrees Abdullahi and Shaibu Aliyu.
Those shortlisted for the Customary Court of Appeal include Musa Onogo Idris, Maryann Oziohu and Shaibu Ozovehe Ebenezer.
NAN reports that the NJC had suspended the process of the appointment of judges and kadis into the state’s judiciary.

The council, which said the development was to maintain a fair and just judicial system, took the action following a letter to the NJC by the seven senior lawyers intimating it on a suit instituted against the appointment.(NAN)(www.nannews.ng) /Flowerbudnews

Abuja:  A Federal High Court (FHC), Abuja, on Tuesday, set aside a judgment directing the Human Rights Radio and Television Ltd. to pay a N10 million in damages to Mr Samuel Onaibre over alleged violation of his fundamental rights.

Justice Inyang Ekwo, in a judgment, held that the Jan. 20, 2022 judgment delivered by a sister court in Warri, Delta, was obtained by fraud and lack of service of process on the media station as required by law.

Justice Ekwo held that where a party alleged that a judgement was entered in a case in his absence, “It means that such judgement was obtained by procedure adopted which deprived the decision or judgement of the character of a legitimate adjudication.

He said the respondents, having not controvert the averments of the applicants, are deemed to have admitted the case of the applicants.

“An order is hereby made setting aside the judgement and orders delivered on 20th of January, 2022 by this honourable court, coram Honourable Justice Okon E. Abang in suit number: FHC/WR/CS/92/2019 between Mr. Samuel O. Onaibre v. Human Rights Radio and Television Ltd. & 2 Ors.,” he declared.

The News Agency of Nigeria (NAN) reports that following a judgment entered in favour of Mr Onaibre, the registrar of Delta State Polytechnic, Ozoro, by Justice Okon Abang at the Warri Division of a FHC in 2022, the media house filed another suit at the Abuja division, praying the court to vacate it.

While Human Rights Radio and Television Ltd was the 1st applicant, Mr Ahmed Isah, the CEO of the station, was the 2nd applicant in the suit marked: FHC/ABJ/CS/1996/2022.

The applicants had sued Mr Samuel Onaibre, the Inspector-General of Police, Deputy Inspector General of Police, ACP Fergus Manga and DSP Peter Tanda as 1st to 5th respondents respectively.

The applicants, who gave 12 grounds while the judgment should be vacated, averred that a complainant, Blessing Onu, a student of Delta State Polytechnic, Ozoro, sought the assistance of the media house, alleging that her school refused to award her National Diploma Certificate (NDC).

She alleged that the development resulted to her missing the opportunity to proceed to the National Youth Service Corps (NYSC) programme despite complying with all the requirements of the institution.

“On 25th February, 2019 during live broadcast of Brekete Family Programme at the 1st applicant’s radio station, he (Isah) intervened in the matter, requested and got the contact of the registrar, the 1st respondent, on record to hear the position of the school! on the matter.

“This was after failed efforts to make the school attend to the complaint without bringing it up on air.

“He put a call to the 1st respondent to enquire the truth and position of the Delta State Polytechnic, Ozoro which same was answered and the 1st respondent turned uncivil on the phone call, resorted to abusive, humiliating and unprintable name callings against him (Isah).

“He was compel to release the official phone number to the public to elicit the assistance of any listener who would like to persuade him (the registrar) to attend to the case of the complainant.

“He later realised that some of the listeners sent the 1st respondent (registrar) threatening and abusive messages upon which he lodged a petition against the applicants and the complainant to the Inspector-General of Police,” Isah, who deposed to the affidavit said.

He said despite amicable resolution of the matter by the police, and Onaibre promising to withdraw the suit with a notice of discontinuance of the suit served on him, he was surprised to hear about the judgment of the Warri court against him.

In his preliminary objection, Onaibre prayed Justice Ekwo to dismiss the suit on the grounds that the applicants’ originating motion was incompetent and an abuse of court process.
Delivering the judgment on Tuesday, Ekwo held that there are situations where the court is permitted to exercise jurisdiction, to set aside its own judgement or the judgement of a court of coordinate jurisdiction.

“This Includes, where the judgement is entered in default of the defendant’s appearance or in default of pleadings; where the judgment was obtained by fraud; where the judgement breached the fundamental right of a party; and where the judgement will work Injustice on one of the partes,” he said.(NAN)(www.nannews.ng)/ Flowerbudnews

Abuja:  The Code of Conduct Tribunal (CCT) sitting in Abuja has adjourned ruling on a motion filed by Muhuyi Magaji, Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC), challenging the competence of the Code of Conduct Bureau (CCB) to prosecute.

The ruling, which was earlier fixed for today by the three-member panel, headed by Justice Danladi Umar, was suspended by the tribunal.
When the News Agency of Nigeria (NAN) got to the CCT office, a security guard at the entrance gate informed that the matter would no longer hold.

Meanwhile, NAN reliably gathered that new hearing notices had been issued to parties in the matter.

The tribunal had, on Wednesday, fixed today after Magaji’s counsel, Adeola Adedipe, SAN, and lawyer to the CCB, Musa Usman, presented their arguments and adopted their applications.
Adedipe informed the panel of his motion on notice dated against the charge number: CCT/KN/01/2023.

While moving the motion, Adeola called the attention of the tribunal to their two prayers, which were predicated on six grounds.

He argued that a High Court of Kano State presided over by Justice Farouk Adamu had, on Aug. 28, 2023, restrained the CCB from interfering in the affairs or taking any step in connection with the functions, duties and affairs of his client until the matter is dispensed with.

He restated that in the Kano matter, CCB was the 2nd defendant and that the court directed parties to maintain status.

The senior lawyer said the prosecution undermined the order by preferring the instant charge against Magaji.

He argued that filing the charge against Magaji in the face of Exhibit B presented before the tribunal was a recourse to self help.

He prayed the panel to strike out all the processes filed by the CCB, including the oral submission, for non-compliance with the mandatory provision of Paragraph 13(2) of the CCT Practice Direction 2017 which gave three days for a party to respond to any process served on them.

Adedipe stated that the prosecution was served with their motion for more than 30 days before they responded.

He urged the tribunal to stop the CCB from proceeding with the charge.
Usman, while disagreeing with Adedipe, urged the tribunal to discountenance the defence argument..

He said the order of Kano State relied on by the defendant did not mention the word “prosecution,” hence, it did not stop the complainant from instituting the instant case.
He said the order was clearly preventing the CCB from meddling into the affairs of the defendant, and not on investigation matter.
“The Kano State High Court was aware of the decision of Court of Appeal in a case of Ewuno Bassey Vs EFCC and others where the court states that it is no longer in doubt that agencies given powers to investigate cannot be prevented or arms twisted from performing their duties,” he said.
Usman said on this basis, the submission and the application of the defendant lacked merit and must be treated as such.

Justice Umar, who adjourned the matter for ruling, said the decision would determine whether the trial would proceed or not.(NAN)(www.nannews.ng) /Flowerbudnews