Category: Judiciary

By Flowerbud News

Some legal practitioners have called for sustained improvement in judicial infrastructure, processes and systems to improve the sector in 2025.

By Flowerbud News

A Jos Magistrates’ Court on Monday, sentenced a 18-year-old student, Promise Ayiki to three years in imprisonment for trespassing and stealing .

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos in his judgment, ordered the convict to pay an option of N200, 000 fine or spend two years in prison and a compensation of N500, 000 or another one year in default.

Earlier, the Prosecutor, Insp Ibrahim Gokwat, told the court that the case was reported on Augt. 18, at the Area Command Police station by one Victor Anzizi, the complainant.

Gokwat said the convict trespassed into the house and made away with two phones, one tablet, trousers and suits all valued at N450,000.

The prosecutor said that the offence contravened the Plateau Penal Code Law.

NAN

By Flowerbud News

An Ikeja Special Offences Court has adjourned till Dec. 12, to hear the application filed by the embattled ex-Governor of Central Bank, Godwin Emefiele, challenging the jurisdiction of the lower court.

The News Agency of Nigeria (NAN) reports that Emefiele had approached the Court of Appeal, challenging the jurisdiction of the lower court to hear alleged abuse of office filed against him by Economic and Financial Crimes Commission (EFCC).

Emefiele is standing trial for alleged abuse of office and  $4.5 billion and N2.8 billion fraud.

His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.

When the case was called on Tuesday for continuation of cross-examination of the seventh prosecution witness, the EFCC Counsel, Mr Rotimi Oyedepo (SAN), informed the court that the Appellate Court had on Nov. 29 delivered a ruling regarding Emefiele’s application.

According to him, the Appellate Court has directed the lower court to hear and determine the application, before continuing with the trial.

Emefiele’s Counsel, Mr Olalekan Ojo (SAN), told the court that they received the ruling electronically and intended to file a notification to the court.

Ojo, however, said he was surprised that the prosecution was tendering a Certified True Copy of the ruling from the bar.

He urged the court to set down the hearing of the application until next adjourned date, to enable the defence move its application.

Oyedepo, however, countered the defendant’s  submission and argued that all parties should comply with the directives of the Appellate Court.

Justice Rahman Oshodi, however, adjourned the case until Dec. 12 for hearing of the application.

NAN reports that Emefiele’s counsel had argued that the charge against Emefiele, raised issues of constitutionality and legality.

He argued that counts one to four of the 26-count charge were unconstitutional as they were not contained in any law in Nigeria.

He, thereafter, urged the court to strike out counts one to four, on the ground that the court had no jurisdiction to try the offence of abuse of office in relation to the office of CBN governor.

According to him, his client’s acts, said to constitute arbitrary acts resulting in abuse of office, were not offences known to the law as mandatorily required by Section 36(12) of 1999 Constitution, as amended

NAN also reports that on the last proceeding, the EFCC’s witness, a former personal assistant to Emefiele, had  narrated to the court how he allegedly collected the sum of $400,000 on behalf of the ex-governor.

NAN

By Flowerbud News

The ECOWAS Court has ordered Nigeria to pay five million naira as compensation to citizen Oluwatimilehin Adebayo, for the violation of his right to freedom from torture.

The court also ordered Nigeria to conduct a “prompt, impartial, and effective” investigation into Adebayo’s alleged torture by the police, as well as prosecute the culprits. 

The News Agency of Nigeria (NAN) reports that Adebayo had approached the court with the suit marked: Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23), alleging torture by police officers in Ogun.

The petitioner had claimed that the police operatives subjected him to severe physical abuse by beating him with the handle of an axe and tying his limbs to a pole, with chains.

Adebayo further alleged that the police brutality caused him physical injuries, including trauma to his scrotum, and left him suffering from significant psychological distress and, therefore, prayed for remedial compensation.

Responding, Nigeria had challenged the court’s jurisdiction, arguing that the case was filed outside the three-year period that is stipulated by the Court’s rules, and was, therefore, statute-barred.

Nigeria also contended that the court lacked jurisdiction to entertain the suit because it would amount to reviewing a case that had already been decided or was pending (sub judice)before a Nigerian court.

Delivering judgment, Justice Dupe Atoki, who read the three-member panel’s decision, dismissed Nigeria’s preliminary objections, saying it had jurisdiction to hear human rights cases within the Community Court’s jurisdiction.

According to her, the statute of limitations under Article 9(3)(b) of the Court’s Protocol does not apply to human rights violations, hence, the matter was admissible.

The court further held that the victim’s maltreatment constituted an act of torture, which violated Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a party.

“The torture was intentional and aimed at coercing the applicant into signing a pre-written statement,” the court held.

Consequently, it ordered the Nigerian government to pay the sum of million naira in compensation to the victim for the violation of his right to freedom from torture. 

The court, however, dismissed the the applicant’s claim that his right to remedy was violated, noting there was no evidence that he had formally reported the abuse to relevant authorities.

The court’s panel, was presided by Justice Sengu Koroma, had Justice Dupe Atoki as the judge rapporteur and Justice Gberi-Bè Ouattara as a member.

NAN

Flowerbudnews

The President of Nigerian Bar Association (NBA), Mr Afam Osigwe, SAN, on Monday, asked judges and the heads of court to urgently tackle the negative public perception about accountability and uprightness in the nation’s judicial system.
Osigwe gave the charge at a special court session to mark the ceremonial commencement of the Federal High Court (FHC)’s 2024/2025 Legal Year, which officially commenced in September.

(From Left: Justice Binta Nyako of Federal High Court (FHC); the Chief Judge of FHC, Justice John Tsoho and President of the Court of Appeal, Justice Monica Dongban-Mensem during the 40th FHC Annual Judges’ Conference in Abuja.)

According to him the perception by more Nigerians is that our courts do not give justice, waste a lot of time, are corrupt, and do not protect the indigent, rights, and interests of the citizens.

“This perception appears to be highest for judicial decisions in electoral and political cases.

“It worries us that there is a growing belief by many Nigerians that judgments can be influenced by extraneous factors. These perceptions erode trust in our judicial institutions.

“This perception, regardless of its accuracy, must be addressed urgently to preserve the judiciary’s integrity as the last hope of the common man.

“The judiciary’s responsibility is to ensure that justice flows unimpeded, meeting the public’s demand for justice, equity, accountability, and just resolution of disputes.

“Courts are not merely to adjudicate cases, they must safeguard the rights and freedoms of all Nigerians and uphold the sanctity of the law.

“I will use this opportunity to remind us that while the judiciary is the custodian of justice, public trust in its integrity must be maintained,” he said.
He said negative perceptions, whether founded in reality or misrepresentation, must not be ignored.
“It is therefore incumbent upon all stakeholders to close this gap through transparency, accountability, and the consistent delivery of impartial justice,” he said.
Osigwe, who condemned the practice of forum shopping among lawyers and litigants, said “we must all ensure that judicial independence is not only guaranteed but actualised.
“The judiciary must be insulated from political, financial, or social pressures that may compromise its role as an impartial arbiter.
“Judges must remain steadfast in their commitment to justice and free from undue interference.
“Equally, judicial officers, who deviate from ethical and professional standards must be held accountable to maintain public confidence in the system.
“We must make a conscious decision to ensure that judicial officers who give decisions that neither accord with laws, facts, or judicial precedents are seen off the bench, and ensure that lawyers who are involved in such cases are equally disciplined.
“It is now a common belief that litigants and their lawyers, not only shop for judicial divisions for their cases but sometimes also shop for judges.
“Shopping for judicial divisions or judges, where this happens, must be treated as proof of an attempt to corrupt judges or actual corruption of judicial officers.
“Forum shopping, whether by choosing judicial divisions or judges to obtain favorable outcomes, must also be treated as an attempt to compromise the independence of the judiciary.

“Indeed, it is an indication not to observe the rule of law, promote and foster the cause of justice, and maintain a high standard of ethical conduct by the persons involved in it.
“It suggests a deliberate attempt to manipulate the process of justice, which is tantamount to corrupting judicial officers or even outright corruption.
“We unequivocally condemn these practices and are committed to collaborating with the judiciary to eradicate it.
“Lawyers who engage in forum shopping not only violate the ethical codes that govern our profession but also erode public trust in the legal system. Such conduct should not be tolerated,” he said.
Osigwe said that the new legal year offered an opportunity for all justice sector stakeholders to reaffirm their commitment to foster public trust in the judiciary by continuing to champion justice, accountability, transparency, and impartiality in every case, every decision, and every interaction.
He added: “We must therefore continue to streamline processes and prioritise swift and effective justice delivery.
“An efficient judiciary is one that not only fulfills its mandate but also commands the respect and confidence of those it serves.
“As we commence this new legal year, let us rededicate ourselves to advancing the principles of justice, accountability, and respect for the rule of law.
“Nigerians look to the judiciary for protection and upholding of their rights. Let us not fail them. Our commitment to justice must be unwavering.
“For the judiciary to be effective, it must hold itself to the highest ethical standards. Every interaction, every ruling, and every act of judicial conduct should reinforce the principles of fairness, impartiality, and justice.
“As legal practitioners, we have a role in this. The Bar and Bench must work in partnership to uphold the rule of law and ensure that we always foster an environment where the rights and freedoms of all citizens are respected and protected.”

He urged the FHC and other courts to continue to uphold the mandate with fairness, efficiency, and independence.
“The court must Improve access to justice by developing the courts to be user-friendly, applying technology to speed up the filing and service of court processes, disposing of cases promptly.
“ The court must put in place measures that ensure quick dispensation of justice without resorting to technicalities, delays or time-wasting measures.”

Oyo monarch, Oloko of Oko loses land appeal at supreme court.

By Suleiman Shehu.

Oba Solomon Akinola, the Oloko of Oko in Surulere Local Government area of Oyo State has lost his appeal in the land case he had been contesting with the Aagba kingdom for several years.

In a landmark verdict delivered by Justice I.N.M. Salauwa who led five other justices struck out oba Solomon’s appeal for lack of competence.

The supreme court pronouncement consequently put an end to the tussle which had lingered for a little over 100 years even before Oba Solomon assented the throne of Oko kingdom.

According to the judgment, Aagba land is not a custom tenant to Oko as earlier wrongly believed by the people of Oko, and that Aagba had its own distinct land as previously and rightly held by the Court of appeal Ibadan judicial division.

Earlier on, counsel to the appellant, Mr J.O. Abdulsalam,and Ahmed had moved a notice  of motion to amend their appeal.

However, counsel to people of Aagba,  Mr A.T. Kehinde, (SAN), opposed the amendment on ground that the original notice of appeal was incompetent and that it could not be amended.

Abdulsalam consequently withdrew the appeal after intense argument by both parties.

It would be recalled that Tropical Culture Ltd Farm is the first respondent in the matter and represented by Mr.A. Abdulmalik Esq and Mr O.Kehinde.

Flowerbud News

The Convener of the Duty Solicitor’s Network, (DSN) Mr Bayo Akinlade, on Monday faulted the police for failing to bring the case to the attention of the Federal Directorate of Public Prosecution (DPPF), before arraignment.

Akinlade spoke in reaction to the arraignment of 76 defendants, including 32 minors, before a Federal High Court Abuja, for allegedly participating in the August #EndBadGovernance protests .

“I, also fault the role the police played, especially in detaining the children beyond the constitutionally prescribed period, and not bringing the case to the attention of the office of the Federal DPP before arraignment.

“For all capital offence, minors are treated differently in the process of arraignment,” he said

He, therefore, urged the authorities to apply caution in dealing with such issues as it relates to minors.

According to Akinlade, for capital offences, it is first important to conduct a thorough investigation linking the young persons to the alleged acts capable of disrupting government.

He noted that it is also important for the courts to refer to the provisions of the Child Protection Laws, in dealing with such matters, in the interest of justice .

“Terrorism is a serious offence, and it goes beyond flying foreign flags in a public protest.

“Terrorists are often hidden, well structured, well funded and often have manifestos prepared for their anticipated overthrow of a government.

“At least we watch movies and those of us who experienced military coups in our younger days, understand what it takes to engage in any act tantamount to terrorism.

“Whatever the facts that were placed before his lordship, the court should have taken counsel from the law and the child protection laws for guidance,” he said

The converner said that bringing the full weight of the law upon those children who can at best be described as misguided, is in contrast to the disposition of a court.

“The courts should have taken time to establish the ages of those minors, by calling on the welfare department to confirm same.

“Moreso, the court ought to have considered their ability to get sureties to stand for them, as well as consider the congestion in the prisons,” he said.

NAN reports that the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has stepped into the legal proceedings surrounding the recent arraignment of #EndBadGovernance protesters.

The minister directed the police to transfer the case file to his office for review.

The protest, which culminated in multiple arrests, saw suspects arraigned in court on charges of treason and others.

Fagbemi on Friday, said the move was prompted by the need to examine the case more closely before taking any further action.

“There are some issues my office will need to look into regarding the matter to enable me to take an informed decision,” Fagbemi said.

The court had remanded the defendants in various detention centres and set a hearing date for January.

Fagbemi acknowledged the court’s authority in the matter, emphasising, “It is not within my power to vary the order of the court remanding the defendants in detention centres and adjourning the case to January.”

Fagbemi further instructed the DPPF to make preparations to appeal to the court for a revised, sooner hearing date.

“I have directed the DPPF to immediately put machinery in motion for consideration of the court to bring the adjournment date forward,” he added.

Earlier, at the Federal High Court in Abuja some minors, who were
arraigned over the #EndBadGovernance protest,
collapsed in the courtroom, with many appearing visibly malnourished following their three months of incarceration.

Following their arraignment the court granted each minor N10 million bail.

Meanwhile, the prosecutor requested that the judge remove the names of those who collapsed from the charge.

NAN

Flowerbud News

Sen. Natasha Akpoti-Uduaghan, has strongly condemned the long detention of minors involved in the recent #EndBadGovernance protests by the police authorities.

Lawmaker representing Kogi Central, in a statement issued in Lokoja on Saturday by Arogbonlo Israel, her Chief Press Secretary, described the police action as “inhumane and unjust”.

A total of 76 minors were on Friday arraigned before Justice Obiora Egwuatu of Federal High Court, Abuja, where some of them reportedly fainted due to malnutrition before the judge, who ordered for their detention till January, 2025.

But Akpoti-Uduaghan condemned such order and called on the Chief Justice of the Federation, Justice Kudirat Kekere-Ekun, to investigate the detention order granted by Justice Obiora Egwuatu

According to her, detaining minors in a medium correctional facility is wrong and violates their fundamental human rights.

“This is because children should be tried in a juvenile court, where their identities are protected and not displayed or published in Court.

“I hereby urge the Controller of Prisons, Haliru Nababa, to investigate the detention conditions of juveniles at the Kuje prisons over improper facilities.

“Kuje medium security custodian centre is not designed for detaining children. The juvenile correctional facilities should be used instead,” she said.

Akpoti-Uduaghan appealed to the Federal Government to “temper justice with mercy” and release the detained minors, whom she said were likely used by unscrupulous adults to commit crimes.

“It’s my my belief that the children should be in school and not in detention.”

NAN