₦airaland Forum

President Muhammadu Buhari will on Thursday (today) inaugurate Justice Walter Onnoghen as the acting Chief Justice of Nigeria, The PUNCH has learnt.

The decision to inaugurate a CJN in acting capacity, it was learnt on Wednesday, was to avoid a vacuum in the judiciary as the incumbent, Justice Mahmud Mohammed, attains the mandatory 70 years retirement age.

The PUNCH learnt that the acting CJN would be inaugurated at about 2pm inside the Council Chambers of the Presidential Villa, Abuja.

Justice Onnoghen is the most senior Justice of the Supreme Court after Mohammed.

The National Judicial Council was said to have earlier forwarded the name of Justice Onnoghen along two others for the President to pick any of the three justices as the new CJN based on the recommendations of the Federal Judicial Service Commission.

According to the law, the President is expected to forward the name of the nominee to the Senate for confirmation.

As of the time of filing this report, the President had not sent such communication to the Senate, raising fears that there would be a vacuum in the leadership of the judiciary from Thursday.

But a competent source confirmed to one of our correspondents that an acting CJN would be inaugurated on Thursday, but refused to name any of the justices who the President had picked.

“An acting CJN will be sworn in by President Muhammadu Buhari at 2pm tomorrow (Thursday),” he said.

When asked further who the person was, the source advised The PUNCH to get across to the Attorney General of the Federation, Abubakar Malami (SAN), on the issue.

It will also be the first time in the history of Nigeria that a person will be appointed to the office of the CJN in acting capacity.

Those whose names were forwarded to the NJC were said to be Justice Onnoghen, Justice Tanko Muhammad and Justice Suleiman Galadima.

Onnoghen, who is the most favoured by the tradition of succession arrangement in the judiciary, being the next in rank to the outgoing CJN, was picked by the NJC and his name forwarded to the President.

The valedictory court session to be held in honour of Justice Mohammed is scheduled to hold at the Supreme Court complex at 10am on Thursday (Thursday).

Another source, who opted to be more specific, told one of our correspondents that the President opted to swear in Onnoghen in acting capacity in order to prevent a vacuum in the office of the CJN pending when he would decide whether or not to confirm the CJN-nominee in substantive capacity.

Under the Constitution, a person can only hold the office of the CJN in acting capacity for three months.

Sources told one of our correspondents that the decision of the President might be connected with an ongoing investigation by security agencies into some allegations involving some Justices of the Supreme Court.

Justice Onnoghen was born in 1950 at Okurike, Biase Local Government Area of Cross Rivers State and was appointed to the Supreme Court bench in 2005.

Though section 231(1) of the 1999 Constitution, as amended, confers on the President the power to appoint a CJN on the recommendations of the NJC, it, however, stressed that such appointment must be subject to the confirmation by the Senate.

If Buhari approves Onnoghen as the 17th CJN, he will become the first jurist from the southern part of the country to head the judiciary in about 29 years.

Onnoghen will clock 70 on December 20, 2020.

Justice Ayo Gabriel Irikefe, who retired in 1987, was the last CJN from the south of the country.

kahal29:
The National Judicial Council, NJC, has dismissed petitions accusing Justice Okon Abang of the Federal High Court in Abuja of engaging in acts of judicial misconduct.

The Council said it found no merit in four separate petitions that called for the judge to be investigated over recent judgments he delivered against the Peoples Democratic Party, PDP.

Whereas one of the petitions queried the legal propriety of Justice Abang’s verdict of June 27, which sacked Governor Ikpeazu from office over alleged tax infractions.

The Senator Ahmed Markarfi-led faction of the PDP equally dragged the judge before the NJC over his judgment that directed the Independent National Electoral Commission, INEC, to only recognise the PDP group led Senator Ali Modu-Sheriff.

Meanwhile, the NJC maintained that the petitioners failed to substantiate their allegations against the judge.

The decision of the legal body was contained in a letter with Ref no. NJC/ F.3/FHC.44/V/131, which it wrote to the first petitioner, ‎Chief Oyedele M. Ibini , another letter with Ref. No. NJC/F.3/FHC.44/v/129, to Charles Esonu.

Others were letters to Emeka Eze and Chief Henry Balogun with Ref. Nos.NJC/F.3/FHC.44/V/125 and NJC/F.3/FHC.44/v/127, respectively.

The four letters were all dated October 18, 2016.

Specifically, the document revealed that Chief Balogun had accused Justice Abang of abusing judicial powers.

He told the NJC that the Judge meted out injustice to the PDP and governor Ikpeazu in the judgment he delivered in suit No FHC/ABJ/CS/71/2016 between Dr. Samson Okechukwu Ogah vs PDP.

However, the NJC, while absolving the judge of any wrong doing, said it had at the end of its deliberations, found no proof of any misconduct against Justice Abang.

Similarly, the Council held that the petition written to it by Secretary of the PDP in Ondo State, Chief Ayodele Ibini, where he alleged that Justice Abang misconduct in suit no FHC/ABJ/CS/439/2016, in the judgement he delivered recognising the Sheriff faction in Edo and Ondo State, lacked merit.

It also exonerated Justice Abang of any wrong doing or misconduct in the petition written by Chief Esonu of the PDP, who alleged that the order that directed Ikpeazu to immediately vacate the governorship seat, was reckless.

Besides, the NJC which is headed by the Chief Justice of Nigeria said the complaint Mr. Eze lodged before it wherein he contended that Justice Abang ought not have issued the enroll order on suit number FHA/ABJ/CS/71/2016 to INEC immediately the Abia judgement was delivered, lacked merit.

It said the judge was able to prove that the judgment complained of was released to the parties after 4 days of its delivery.

Meantime, the Supreme Court has fixed January 27, 2017, to commence hearing on appeal challenging the validation of governor Ikpeazu’s election by the Abuja Division of the Court of Appeal.


http://www.vanguardngr.com/2016/11/abia-ondo-gov-cases-njc-dismisses-petitions-justice-abang/

kcnwaigbo:
FG forced us to suspend judges-CJN

http://sunnewsonline.com/fg-forced-us-to-suspend-7-judges-cjn/

I hope you can see another headline of the same news from the sun newspapers!!

omenka:
Do you know the meaning of putting a writing in quotation marks in a report?? Do you know the implication of doing so when indeed the alleged author of the statement never said those exact words?? Do you know the meaning of libel. Do you think a reporter could be so dumb as to put what the Chief Justice of Nigeria didn't exactly say in quotation marks??

The portion you are quoting were in quotation marks, and that which I quoted were also in quotation marks, but you want people to believe he didn't say the words I quoted EXPLICITLY. Are you sure you are okay

Oh, let me guess, you were at the occasion when the remarks were made, heard him say the portion you quoted but didn't hear him say he was presented with "evidence on ground".

Some of you are simply too darn ignorant to be engaged.

Have a nice day.

kcnwaigbo:
This is not a quote from the CJN. This is a reporter's dubious interpretation of this

According to him, the NJC took the new stand, “following communications it received from the Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers based on the evidence on the ground

If judges are found guilty by the NJC, there are not suspended but rather dismissed!!!!

kcnwaigbo:
The CJN did not say he was shown " evidence on ground ".That was not what he said.The reporter is putting words into his mouth


according to him, the NJC took the new stand, “following communications it received from the Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers based on the evidence on the ground.”


How exactly does these statement imply what the headline is saying? This is mischief at its best

The Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, revealed, yesterday, that the National Judicial Commission, NJC, asked judges facing allegations of corruption to step down because it was confronted with proof of evidence against some of them.

The judges were arrested by operatives of the Department of State Services, DSS, between October 7 and 8, following which the Nigerian Bar Association, NBA, and some senior lawyers asked the judges to stop presiding over cases, pending their trial.

Two Supreme Court Justices- Inyang Okoro and Sylvester Ngwuta, were among seven superior court judges affected by the DSS “sting operation”, which allegedly led to the recovery of huge sums of money, including foreign currencies, from their homes.

The two jurists, who had since exited the apex court bench, are currently on administrative bail from the DSS, pending their trial over money laundering charges.

The CJN, who disclosed this while swearing in two new Justices into the Supreme Court bench, yesterday, said the NJC, which previously insisted that the Judges would not step aside as requested by the NBA, changed its position after it was shown “evidence on the ground.”

According to him, the NJC took the new stand, “following communications it received from the Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers based on the evidence on the ground.”

He said the decision NJC took after its last meeting, directing all the embattled Judges to desist from further presiding over cases or carrying out any judicial function pending their trial, was borne out of its desire to preserve the independence of the judiciary.

He said: “We proclaimed to the world that any judicial officer that is standing trial will cease to perform judicial functions.

“A common thread that runs through all Judiciaries is that judicial officers are traditionally accorded the highest dignity and respect by all.

‘’This is because Justice is rooted in confidence and where confidence in our Judges is undermined and independence eroded, it is the nation that ultimately suffers most, while true democracy is fatally undermined.

“We must not forget that we operate a constitutional democracy, which clearly prescribes the powers accorded to each organ of the state.

“I, therefore, wish to state without fear of contradiction that the third arm of government will remain resolute in its commitment and resolve to uphold its independence and to adjudicate with utmost fairness and Justice as prescribed in our constitution and the law.”

On the swearing-in of the two new Supreme Court Justices, Amina A. Augie and Ejembi Eko, the CJN said they joined the apex court “at a time when there are a lot of challenges”.

While enjoining the new jurists to abide by the oaths they took and dispense Justice without fear or favour, the CJN, thanked President Muhammadu Buhari and the Senate for approving their appointments as recommended by the NJC.

He said: “Now, more than ever, it is important to be firm, honest and steadfast in the discharge of your duties, while striving to emulate the greats of this court by enthroning the rule of law and respect for our courts.

“My lords, ladies and gentlemen, this ceremony takes place against the backdrop of peculiar circumstances for the third arm of the government of our beloved nation.

“It bears reminding that the powers of this court and, indeed, all courts, lie in the constitution of the Federal Republic of Nigeria, 1999, as amended.

“The constitution is the ultimate repository of the consent of the people and remains the sovereign mandate that forms the bedrock of an independent judiciary.”

modath:
No real why, they were suspended because the evidence against them was damn too weighty, & rather than have them capsize the ship of una corrupt empire, (& the public backlash too) overboard they must go....








Hopefully the cows that have been mooing about persecution cos of Dasuki, Kanu etc, --especially the most foolish ones that were rejoicing about the c0ck & bull story sold to them that the CJN berated the president-- will have no other choice but to kip kwayet now.

kahal29:
Will they hear?

A Justice of the Court of Appeal, Justice Ignatius Agube, who is on the panel examining the Peoples Democratic Party’s ticket for the forthcoming governorship election in Ondo State, said on Friday that if PDP members had resolved their issues internally, they would not be washing their dirty linen in public.

He said the party’s failure to internalise democracy within its fold over the years was the cause of its problems; saying that ordinarily, the court had no business resolving its internal disputes.

Agube called on the party to put its house in order and stop belabouring the court with its problems.

He said this while reacting to issues generated during the Friday’s proceedings, when two lawyers representing the Ahmed Makarfi and Ali Modu Sheriff factions of the party rose to make conflicting prayers in respect of the appeal filed by the Makarfi camp.

Agube said, “I have stressed this fact before now. I said in Kwara and Yobe that there was need for the PDP to internalise democracy.

“If they had resolved their issues internally, they would not be here washing their dirty linen in public. Ordinarily, the courts have no business resolving your internal disputes.”

Acting on the orders made by Justice Okon Abang of the Federal High Court in Abuja on June 29 and October 14, 2016, the Independent National Electoral Commission had dropped Eyitayo Jegede, who is of Makarfi’s faction, and replaced him with Jimoh Ibrahim as the PDP’s governorship candidate in the state.

There are now about six pending appeals filed by the Makarfi-led faction, and Jegede and others seeking an order compelling INEC to drop Ibrahim and reinstate Jegede as the governorship candidate of the party in the state.

During the Friday’s proceedings, Adedayo Adeyeye and Ben Obi of the Makarfi faction announced that they were representing the PDP, while another set of people, including Cairo Ojougboh (Modu Sheriff camp) also claimed to be representing the PDP, a development that infuriated Justice Agube.

The panel headed by Justice Ibrahim Saulawa of the Calabar division of the Court of Appeal, adjourned all pending applications in the appeals to November 7 for hearing.

The panel adjourned till Monday despite requests by lawyers to the appellants, including Wole Olanipekun (SAN) and Ahmed Raji (SAN) that their preliminary applications be heard promptly in view of the urgency required by the matter.

Mrdecent:
Delay tactics.... These people are not even ready for election let alone thinking of winning. They only want to frustrate mimiko and his goons.

Interesting stuff like seriously

The states executives of the Peoples Democratic Party (PDP) in the South-west loyal to the Ali Modu Sherrif’s faction have filed an application at the Supreme Court to stop the newly constituted panel of the Court of Appeal from hearing appeals relating to the party’s nomination of candidate for the Ondo State governorship election.

They are also asking the Court of Appeal in Abuja to reverse the decision by its President, Justice Zainab Bulkachuwa, to constitute a fresh panel to hear these appeals.

In a motion filed yesterday by members of state executives of the PDP in the six South-west states loyal to Ali Modu Sheriff and led by Biyi Poroye, the factional Chairman of the Ondo State PDP, they also asked the court to disband the new appeal court’s panel comprising Justices Ibrahim Salauwa, Ignatius Igwe Aguba, and George Mbaba.

They said the new panel was allegedly set up in breach of their right to fair hearing guaranteed under Section 36 of the constitution.

Poroye and others equally prayed the court to order the return of the case files relating to the appeals and the application for leave to appeal as an interested party (against the decision of the Federal High Court of October 14 2016 in suit No. FHC/ABJ/CS/395/2016) – filed by Eyitayo Jegede (factional PDP candidate of the state PDP “to the Registry of the Court of Appeal to take its normal course and turn in the docket of the court.”

The affected appeals are: CA/A/551/2016 filed by Ahmed Makarfi and Ben Obi against Poroye and 10 others and CA/A/551A/2016 filed by Clement Faboyede and another against 10 others; CA/A551B/2016 filed by the PDP against Poroye and 9 others and CA/A/551C/2016 filed by Jegede against Poroye and 10 others.

They argued that not only did the President of the Court of Appeal act without hearing from them, the case, being a pre-election matter, did not warrant any urgency to require the constitution of a special panel.

They added that those who filed the appeals against the June 29 and October 14, 2016 decisions of Justice Okon Abang of the Federal High Court, Abuja, were not parties in the cases leading to the decisions.

The applicants also argued that no orders were made against any of them (those behind the new appeals) and that they (the applicants), who were plaintiffs in the suits, were not informed when the President of the Court of Appeal acted solely on the request by the appellants to constitute the panel on the grounds of urgency.

They have also filed a motion before the Supreme Court seeking a stay of all proceedings before the Court of Appeal in relation to the appeals pending the determination of the two appeals they filed on October 31, which have entered and given number: SC/914/2016 and SC/915/2016.

The motion filed by two members of the party, Benson Akingboye and Ehiozuwa Agbonayiwa, seeks a stay of all further proceedings and further hearing in CA/ABJ/402A/2016 filed on behalf of the PDP by a lawyer engaged by the Ahmed Makarfi-led faction of the party’s leadership.

They based the application on the ground that it was wrong to allow the Court of Appeal to proceed with the appeals when they have valid appeals before the Supreme Court, which challenged the jurisdiction of the Court of Appeal.

Other grounds raised by them are: “As the first and second respondents in the lower court, they (Akingboye and Agbonayiwa) challenged by way of preliminary objection the validity of the appeal which originated the appeal at the court below.

The appeal at the Supreme Court, filed on October 31, 2016, by Akingboye and Agbonayiwa, is against the October 29, 2016, decision by the former panel of the Court of Appeal led by Justice Jumai Sankey in which it ordered accelerated hearing in the appeals.

No date is set for hearing of the appeal filed for the appellant by B.E.I. Nwofor (SAN) yet.

President Muhammadu Buhari has formerly endorsed Mr. Rotimi Akeredolu as the governorship candidate of All Progressives Congress for Ondo State in the forthcoming election.

This was made known by Governor Simon Lalong of Plateau State who formerly unveiled the candidate before the president in his office at the Presidential Villa, Abuja.

Speaking to State House Correspondents in his capacity as the chairman of the APC campaign committee for Ondo election after a meeting with the president on Tuesday, Governor Lalong boasted that APC would win the election.

While disclosing that all internal issues within the party that may affect it in the election had been resolved, the governor made reference to their victory in Kogi and Edo, saying that they would repeat the feat.

He said: “A few weeks ago, I was given the responsibility of leading the campaign on behalf of the National Executive for the Ondo election. And the candidate since election at the primaries has not come to be presented to the leader of our party, that is Mr President. So, today we came in with the candidate and to confirm to the president that APC has only one candidate unlike other parties that are fighting about who is their candidate.

“We have only one candidate and that candidate is Chief Akeredolu Rotimi (SAN)

“Well, that is not a problem to APC, since inception. You knew what happened in Kogi, you knew what happened in Edo, we won the elections. It was as if it was going to be very difficult for us but we won the election.

“Today again, we are going into Ondo. The entire mistake we made in other states we have corrected them. We are seeing a very smooth election, not only a smooth election but the credibility of the candidate itself is something worth selling. We know definitely we are going the election.

“Well Mr. President is a loyal party man so he is answerable to the party although the president of Nigeria. He has also confirmed that he has seen the candidate and is also praying for a successful election in ondo state.”

The governor also faulted last Friday’s visit of Ondo State governor, Olusegun Mimiko to the president, saying it was unnecessary to drag the president to PDP issues.

“Let me say it was even wrong for them to start running to Mr President to help them solve the problem of PDP in their party. Mr. President is the President of Nigeria and he is not a member of PDP even when we have problems in APC we don’t run to Mr President. If he has a problem in his state. He is the governor, let him stay there and resolve the matter.

franchizy:
APC Fabricated news. This government is full of lies.

Its obvious that the prof never sent any letter.

im tired of APC and their fat lies. i blame PMB for this lies.

Nonsense.

amaechi1:
Chai bad news for haters. Some people will hate to sleep today.