The Federal Executive Council (FEC) has approved N13.09 trillion budget estimate for 2021 fiscal year.

The approval was given on Wednesday at a meeting presided over by President Muhammadu Buhari in Abuja.

The budget proposal, as approved by FEC, is predicated on $379 exchange rate, oil benchmark of $40 barrel per day, oil production volume of 1.86 million per day, including 400,000 condensate, Gross Domestic Product (GDP) growth of three percent and 11.95 percent inflation rate.

Minister of Finance, Budget and National Planning, Zainab Ahmed said the budget estimate was made up of N2.083 trillion capital expenditure, representing 29 per cent of the total budget.

After more than three decades’ delay, President Muhammadu Buhari on Tuesday inaugurated the 326km Itakpe-Ajaokuta-Warri rail line for commercial operations as well as the ancillary facilities yard, at the recently named Goodluck Jonathan Railway Complex in Agbor (Owa-Oyibu), Delta State.

According to a statement by Special Adviser to the President on Media on Publicity, Femi Adesina, President Buhari at the virtual opening of the rail line linking Itakpe to Warri, directed the Federal Ministry of Transportation to link all the nation’s ports of origin and destination – Apapa, Tin Can, Warri, Onne, Calabar Ports- to the rail network in order to significantly improve overall transportation and economic capacities.

Adesina said the President declared that his administration recognised the importance of the railway mode of transportation as a vital backbone to support industrialization and economic development.

“Accordingly, I have approved the prioritization of viable railway routes for either new rail lines or the reconstruction and rehabilitation of some, to achieve effective and efficient train services supporting the country’s trade and commerce.

”The Railway Infrastructure that I have the honour to commission today is the rail line from Itakpe via the steel town complex of Ajaokuta to Warri, and is an important link for the country’s economy as the central rail line.

”This Government has also approved to link this line further from Itakpe to Abuja, thereby, connecting the Northern Zone of the country and also extending southwards to link the Warri Ports,” he said.

He further stated that the President expressed confidence that the project, which serves as a vital link of South-South geopolitical zones of the country to the Northern zones, would be completed during the tenure of this administration.

”It will link people across the cultural divides and expand the frontier of trade and commerce, which will lead to better standards of living for our citizens,” he said.

President Buhari recalled that to further give recognition to Nigerian sons and daughters who have distinguished themselves at nation building and development , 11 railway stations and railway villages were named after some deserving citizens.

He listed them as follows: Adamu Attah Station, Itakpe; Abubakar Olusola Saraki Station, Ajaokuta; Augustus Aikhomu Station, Itogbo; George Innih Station, Agenebode; Anthony Enahoro Station, Uromi; Tom Ikimi Station, Ekehen and Samuel Ogbemudia Station, Igbanke.

Others are Goodluck Jonathan Railway Complex, Agbor, Owa-Oyibu; David Ejoor Station, Abraka; Michael Ibru Station, Opara; Alfred Rewane Station, Ujevwu; and Michael Akhigbe Railway Village, Agbor.

The President enjoined all Nigerians in the transportation industry, especially the railway sub-sector, to continue to support Government in its stride to achieve other railway infrastructure projects.

He also enlisted the support of all at realizing this milestone of a functional and full-fledged central railway, after more than 30 years during which the project has suffered several setbacks and false starts.

”I implore those who work on this line to uphold maintenance and safety culture necessary for long-lasting service in this difficult terrain.

”By the same token, I urge other sectors who will be primary beneficiaries of this transportation backbone, including, the iron and steel sector, stakeholders in agricultural and mining sectors on this corridor, as well as the host communities to protect and sustain this infrastructure and maximize the benefits that could be derived from it and which is readily available at their doorsteps.

”This project will increase the volume of their trade and kickstart and resuscitate the iron and steel complexes.

”All these, I hope will improve our industrial potentials and capacities as well as boost employment,’’ he said.

President Buhari said projections indicated that the commencement of operation of the Itakpe-Ajaokuta-Warri Rail line would account for close to one million passengers annually and also unleash approximately 3.5 million tonnes capacity of freight annually that will service all off-takers on the corridor and beyond.

Congratulating the Minister of Transportation Hon. Rotimi Chibuike Amaechi and his team on successfully completing the project, the President recognized the host communities on this corridor for their patience during the long wait of over 30 years for the realization of the project.

He also commended the host communities for their cooperation during the completion works by the Federal Government.

He assured Nigerians that his administration would continue, within available resources, to judiciously connect commercial and industrial hubs to boost trade, generate wealth and create employment.

In his remarks, Delta State Governor, Dr Ifeanyi Okowa commended President Buhari’s bi-partisan approach to governance, saying ‘‘it is a thing of pride and joy that this rail line was completed under your watch.’’

”Deltans are excited that this day has come,’’ he said, adding that the Ika nation is glad of the recognition accorded former President Goodluck Jonathan, in naming the railway complex in Agbor after him.
Okowa urged the private sector to take advantage of the historic corridor by establishing investments that will create jobs for locals, curb youth restiveness and stem the tide of criminality.

”It is imperative that the Federal Government in collaboration with the States provide adequate security cover for this rail line corridor,” he said.

In his remarks, Edo State Governor, Godwin Obaseki congratulated the President on the feat of completing the project, saying it is quite fortuitous that few days to the country’s 60th independence celebration, the President has achieved the completion of this critical infrastructure.

”For us in Edo State we are excited that we have a few stops that have been completed and we are going to be working with you to utilise this infrastructure,” he said.

The Edo Governor appealed to the minister of transportation to extend the rail line to the industrial park in Benin City to facilitate the movement of goods to the northern part of the country.

In his remarks, Minister Amaechi said the project was fully funded by the Nigerian government, adding that 8 of the 10 stations are in the Niger-Delta/ South South region of the country.

”There is no loan on this project, it was funded from the budget and I had the directive of the President to go and revive it and complete it as soon as possible,’’ he said.

According to the Transportation Minister, the project started under the military era in 1987 but ‘‘underwent protracted hiccups, prolonged abandonment and massive vandalisation,’’ before it was resuscitated by the Buhari administration.

The Nigerian National Petroleum Corporation, NNPC, paid itself N1.53 trillion as subsidy on Premium Motor Spirit, PMS, also known as petrol, in three years and six months, from January 2017 to June 2020, according to series of documents obtained from the corporation.

According to the documents, in 2017, 2018 and 2019, the NNPC paid itself N144.53 billion, N730.86 billion and N551.22 billion respectively; while from January to June 2020, the NNPC deducted N106.992 billion from its total remittances as subsidy.

In 2016, no amount was spent on subsidy, while in 2015, the government had paid N306.917 billion to oil marketers and the NNPC as subsidy.

The NNPC called the payments under-recovery (another name for subsidy) and deducted it from the proceeds of its domestic crude oil sales, before making remittances to the Federation Account.

To ensure it does not go contrary to the law, the NNPC coined the term ‘under recovery’, because subsidy was not appropriated for in the budgets of the affected years.

In addition to the amount it said it incurred as under-recovery, Group Managing Director of the NNPC, Mallam Mele Kyari, in a statement by the corporation in Abuja, disclosed that government spent N2.13 trillion from 2016 to 2019, as subsidy on foreign exchange for marketers.

The NNPC became the sole importer of petrol in Nigeria in 2016 after the Federal Government introduced the price modulation mechanism, which saw the pump price of the commodity rise to between N143 to N145 per litre, from N97 per litre.

Irrespective of the hike in the pump price of the product then, few months after, marketers backed out of its importation, citing difficulties in accessing foreign exchange and government’s interference in fixing the price of the commodity below the actual price determined by the forces of demand and supply.

Few months after the hike in May 2016, the value of crude oil in the international market soared, while the value of Nigeria’s currency, the naira, slid to almost N500 to the dollar, from about N197 to the dollar.

This affected the landing cost of petrol, which skyrocketed, and in a short while, the country not wanting to hike the pump price of the commodity again, returned to subsidizing the product.

The NNPC, therefore, resorted to deducting the shortfall, that is, the difference between the actual cost of the product and the pump price of the product, from its earnings.

In the statement by the NNPC, Kyari disclosed that concrete steps had been taken to address the main concerns of marketers, especially the issue of availability of foreign exchange, stressing that the Central Bank of Nigeria, CBN, had already taken the first step of merging all foreign exchange windows to have a unified exchange rate.

He said: “It is really not in our interest to be the sole importer of PMS in the country. We have taken definite steps to exit the situation.

“This is a definite step taken and the details would be communicated to stakeholders like Major Oil Marketers Association of Nigeria, MOMAN; Depots and Petroleum Products Marketers Association of Nigeria (DAPPMAN), DAPMAN; Independent Petroleum Marketers Association of Nigeria, IPMAN, and others outside this forum.”

Kyari added that there were plans by the government to inject about N2.7 trillion into the Nigerian economy to stimulate production, stabilise the exchange rate and cushion the inflationary effect of the pump price increase.

He noted that the Federal Government was keen on driving the deregulation programme to create value for the country and ensure that Nigerians enjoy the benefits of the policy.

By Economicconfidential.com

Senate on Tuesday received a request from President Muhammadu Buhari for the confirmation of eight Justices of the Court of Appeal as Justices of the Supreme Court of Nigeria.The request which was contained in a letter dated 31st August, 2020, was read on the floor during plenary by the President of the Senate, Ahmad Lawan.According to President Buhari, the request for the confirmation of the eight Justices to the Supreme Court was carried out in line with the provisions of section 231(2) of the 1999 Constitution and the advice of the National Judicial Council.The letter reads: “Pursuant to section 231(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and upon the advice of the National Judicial Council, I hereby present for confirmation by the Senate, the appointment of the underlisted Eight (8) Justices of the Court of Appeal as Justices of the Supreme Court of Nigeria, according to their ranking of seniority at the Court of Appeal.”They are: Hon. Justice Lawal Garba, North West; Hon. Justice Helen M. Ogunwumiju, South West; Hon. Justice Addu Aboki, North West; Hon. Justice I. M. M. Saulawa, North West; Hon. Justice Adamu Jauro, North East; Hon. Justice Samuel C. Oseji, South South; Hon. Justice Tijjani Abubakar, North East; and Hon. Justice Emmanuel A. Agim, South South.In another request to the Senate dated 14th September, 2020, President Buhari requested the confirmation of appointment of the Chairman, and Commissioners of the National Population Commission.The letter reads: “In accordance with the provision of Section 154 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), I write to forward for confirmation by the Senate, the underlisted names of twelve (12) nominees as Chairman and Commissioners of the National Population Commission.The appointees are: Nasir Isa Kwarra (Nasarawa), Chairman; Ali Silas Agara (Nasarawa); Mohammed Chiso A. Dottoji (Sokoto); Gidado Razak Folorunso (Kwara); Ibrahim Mohammed (Bauchi); Hon. Joseph Kwali Shazin (FCT); Ajayi Ayodeji Sunday (Ekiti); Garba A. G. Zakar (Jigawa); Mai Aliyu Muhammad (Yobe); Muhammad Muttaka Rini (Zamfara); Hon. Engr. Bala Almu Banya (Katsina); and Mrs. Bimbola Salu-Hundeyin (Lagos).In a third request, President Buhari sought the confirmation of Ambassador Muhammad Haruna Manta and Yusuf Yunusa as Non-Career Ambassador-Designates.The request, according to the President, was made in accordance to Section 171(1),(2)(c) and sub-section (4) of the 1999 Constitution as amended.President Buhari noted that the appointment of both nominees serve as replacement to his earlier submission, wherein he nominated Air Commodore Peter Ndabake Gana (Rtd) and Alh. Yusuf Mohammed, from Niger and Yobe States respectively. (Sundiata Post)

IBADAN – A former employee of First Bank of Nigeria Plc Oreoluwa Adesakin, has been handed a cumulative 98 years in prison on Monday.

Adesakin was found guilty of stealing N49,320,652.32 and another $368,203 belonging to the bank.

She was said to have converted the sums to her personal use.

The convict was prosecuted by the Ibadan zonal office of the Economic and Financial Crimes Commission and convicted on 14 counts bordering on stealing, forgery and fraudulent accounting.

One of the charges read, “That you, Oreoluwa Adesakin, sometime between the months of May, 2013 and November 2013, at Ibadan within the Ibadan Judicial Division, whilst being a staff member of First Bank Plc, stole the sum of N25,974,116.13 from First Bank Plc MoneyGram payment naira account, property of First bank Plc.”

She, however, pleaded not guilty to the charges, which necessitated her trial.

The prosecution counsel, Usman Murtala, presented vital documents and witnesses, which nailed the convict.

Justice Muniru Olagunju of the Oyo State High Court noted that the EFCC’s evidence against the convict was clear and showed that the agency did a diligent investigation on the case.

The judge pronounced Adesakin guilty of all the charges and sentenced her to seven years in prison without an option of fine on each of the 14 counts. The jail terms are to run concurrently.

The convict is also to pay restitution of the money she stole to First Bank through the EFCC.

The convict was arraigned on April 4, 2014, by the EFCC following the conclusion of investigation into a petition dated December 18, 2013, which was written by her former employer.

The bank alleged in the petition that Adesakin, as its money transfer operator saddled with the responsibility of effecting payment through Western Union Money Transfer and MoneyGram platforms, fraudulently manipulated the accounting system and withdrew the sums of N49,320,652.32 and $368,203 for herself, which it uncovered while reviewing its internal account.

The EFCC also established the fact that the convict used part of the proceeds of her crime to acquire landed property in different parts of Oyo State.

Meanwhile, Justice Simon Amobeda of the Federal High Court in Calabar, Cross River State, has sentenced 14 Internet fraudsters to various jail terms.

The fraudsters, Victor Ogadibo, Unwana Edem, Michael Omos, Emediong Iwoenang, Christian Okechukwu, Ogbuechi Ifeanyi, Anozie Franklin, Clinton Onyekachi, Princewill Egerue, Akpodiete Moses, Innocent Japheth, Ugwuegbu Ikenna, Ndulaka Chukwuebuka and Opara Daniel, were arraigned before the court by the EFCC and pleaded guilty to the charges.

Justice Amobeda sentenced Edem, Ikenna and Franklin to six months’ imprisonment each with an option of N500,000 fine, while Onyekachi, Ifeanyi, Victor, Ndulaka and Opara were sentenced to six months’ imprisonment each with an option of N200,000 fine.

Princewill and Moses were sentenced to 12 months’ imprisonment each with an option of N700,000 fine, while Christian, Michael and Innocent were sentenced to 12 months imprisonment each with an option of N1m fine. Emediong was sentenced to three months imprisonment with an option of N100,000 fine.

The court further ordered that Onyekachi, Victor and Ifeanyi should return the sums of $2,000, $3,000 and $200, respectively to their victims through the prosecution and should forfeit the instruments used to commit the crime, including their phones, laptops and cars to the Federal Government.

The Head, Media and Publicity, EFCC, Wilson Uwujaren, in a statement on Tuesday, said the 14 convicts admitted to the crime and made confessional statements to the agency, adding that forensic analysis of their phones and laptops revealed that while some of them specialised in love scams, others impersonated military personnel of the United States purportedly on a foreign mission and needed financial help as they could not access their funds.

Uwajaren added that the convicts made their victims give them gift cards, which they changed to Bitcoin and then to naira. (Punch)

The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), said on Tuesday that the Federal Government was planning to embark on second phase of prison decongestion exercise which would focus on juvenile inmates.

The minister who spoke during a virtual interactive session with the Attorneys-General and  Commissioners of Justice and heads of courts, said 3,751 inmates were released in a nationwide decongestion exercise shortly after the outbreak of COVID-19.

He said, “I am glad to inform you that by way of leveraging on the achievements recorded during the said exercise, the Ministry has articulated plans for the second phase of the Nationwide Custodial Decongestion which will this time, focus on implementing amnesty and decongestion for juveniles deprived of their liberty during the COVID-19 Pandemic and beyond and will entail the collaborative efforts of the State Attorneys-General, heads of Court of the 36 states and the FCT, the Ministry of Women Affairs, the Nigerian Correctional Service, Non-Government Organizations like the United Nations Children’s Funds as well as, other relevant cum critical justice sector stakeholders.”

The Tuesday’s event was co-organised by the Federal Ministry of Justice, the Presidential Committee on Correctional Service Reform and Decongestion and the United Nations Children’s Funds. (Sundiata Post)  

A human rights lawyer and Activist, Mr. Joseph Onu Silas has proposed amendment of the Constitution of the Federal Republic of Nigeria, 1999, to prohibit elevation of judges from one court to another.

Silas, in a letter addressed to the Deputy Senate President and Chairman, Senate Committee On Ad-Hoc Committee on Review of the 1999 Constitution, sighted by TheNigeriaLawyer (TNL), also proposed the expansion of the Jurisdiction of the Supreme Court of Nigeria to make the court the first and last court to entertain petitions arising from Presidential elections.

He added that all Justices of the Supreme Court should sit in the Presidential Election Petition cases and deliver ruling without room for reserving judgment.

Furthermore, Silas proposed exclusion of judges from the membership of National Judicial Council.

Read the full proposal below:

Most Distinguished Senator Ovie Omo-Agege,     25th September, 2020.
Deputy Senate President & Chairman,
Senate Ad-Hoc Committee
On Review of the 1999 Constitution.
SCRC9 Secretariat, Room 0.28,
Senate Wing, National Assembly Complex,
Abuja.

Phone: 08033109357, 08097522601
Email: [email protected]

Most Distinguished sir,

RE: REVIEW OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA: CALL FOR PROPOSALS OR MEMORANDA.

PROPOSAL FOR A COMPREHENSIVE JUDICIAL REFORM

I sincerely thank the Committee for such an opportunity to submit proposals on a comprehensive reform of the Nigerian Judiciary with the aim of bringing the Nigerian Judiciary in-line with global best practices and enhance the delivery of equal justice to all citizens and entities who rely on the judiciary. Let me also congratulate the members of this Committee for being part of a history making assignment, as you undertake this onerous task on behalf of the nation, it is my fervent prayer that God will strengthen each and every one of you and grant each of you the wisdom to discharge this responsibility for the greater good Nigeria and its citizens.

Before I proceed to make my proposals, permit me to introduce myself. My name is SILAS, Joseph Onu, a legal practitioner with a passion for Constitutional law. I am a native of Amenu, in Uburu community of Ohaozara Local Government Area, Ebonyi State. I reside and practice my profession in the Federal Capital Territory, Abuja.
The following are my proposal for a comprehensive reform of the Nigerian Judiciary in the light of the call for proposals or memoranda by the Committee. My proposals are preceded by the challenges necessitating them.

1. QUALIFICATION AND MODE OF APPOINTMENT INTO THE JUDICIARY AS PRESENTLY INTENDED BY THE 1999 CONSTITUTION:

1.1. As presently provided, sections 231 (2) & (3); 238 (2) & (3); 250 (2) & (3) and 256 (3) of the Constitution, set the qualifications for appointment as a Justice of the Supreme Court, Justice of the Court of Appeal, a Judge of the Federal High Court and as a Judge of a High Court in Nigeria to be someone qualified to PRACTICE AS A LEGAL PRACTITIONER IN NIGERIA AND HAS BEEN SO QUALIFIED FOR A PERIOD OF NOT LESS THAN 15 years, 12 years, 10 years and 10 years, respectively.

1.2. It therefore entails that, as presently provided, it is correct to state that the Constitution has no provision for promotion of Judges from one Court into another. The framers of our Constitution intended for Nigeria to have a vibrant Judiciary, where individual legal practitioners with the requisite qualification are free to apply for appointment into any of the above listed Court, without first being a judge.

1.3. It is also correct to hold that the framers of our Constitution, knowing that we are copying the American political system, intended to have an incorruptible Judiciary, one that does not present any judge with the likelihood of an ambitious career progression over and above the need to dispense justice for the people and nation. This is so, as a judge who understands that his chances of getting to a higher Court is not based solely on his performance as a judge, but other political and convivial dispositions he or she is able to attain during his or her time in a particular Court. This gives room to judges of lower Courts to play ball so as to attain career progression with hopes of ending up in the Supreme Court. Today, this appears to be the norm as judges who support certain political cases are naturally and unconstitutionally “elevated” to the Supreme Court. An example is the present list of those being appointed to the Supreme Court, a good number of them participated in the 2019 Presidential Election Petition Court – is that a reward?

1.4. It is my firm position that the 1999 Constitution as presently provided, intends that the appointment of persons into any of the Courts must be drawn from the pool of legal practitioners and not from existing judges. A judge’s appointment is done once until retirement. The judiciary is not Civil Service, where promotion to higher Court have become a norm. Each of these Courts is distinct and with a clear qualification for appointment.

1.5. It is important to state here that the Constitution did not donate any power on the National Judicial Council to expand the qualification stated above or enlist other criteria to replace legal practice as intended above. Therefore, any rule made by the National Judicial Council for the purposes of “elevating or promoting” a Chief Magistrate to the position of a High Court Judge (Federal of State), or a High Court Judge (Federal of State), to the position of a Justice of the Court of Appeal, or a Justice of the Court of Appeal to a Justice of the Supreme Court is illegal as it is unconstitutional.

1.6. The practice, as it is currently done, is a combination of hangovers from our colonial and military past, as it has no place in the 1999 Constitution for a very good reason.

1.7. One of the reasons the 1999 Constitution is framed as it is, is to strengthen each of these Courts and make them independent of each other, while also ensuring professionalism. Today, the ambition of a High Court Judge to be elevated almost always obscures his or her ability to do justice as it is intended, without looking above his or her shoulders. When a Judge knows that his or her appointment into any particular Court is non-transferable until retirement, he or she is more likely to be very focused on the core responsibility of that office.

1.8. Therefore, it is my proposal that this committee should consider and include a phrase under each of the qualification for appointment as a judge of any of these Courts to reflect that such an appointment is not TRANSFERABLE by either elevation, promotion or another appointment. Such a provision in our constitution will serve to protect the sanctity of the current philosophy of the Constitution. An example is:

“A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years. This appointment is permanent for this Court until resignation, death or retirement.”

Same addition should be replicated for all other Courts.

1.9. The benefit of such an amendment will be a vibrant judiciary that is open to critical radical new ideas that are needed for the transformation of our nation towards the much needed development that we all desire. By opening up the space presently conserved by a few, for all qualified citizens, the nation will be greater for it.

2. JURISDICTION AND CONSTITUTION OF THE SUPREME COURT:

2.1. The present original jurisdiction of the Supreme Court need to be reviewed with the aim of expanding it and also consider the reduction of Appeals to the Supreme Court.

2.2. Currently, the Supreme Court’s original jurisdiction bothers on disputes between the Federation and a State or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

2.3. The Constitution also allows the National Assembly to expand the original jurisdiction of the Supreme Court provided such additional jurisdiction is not regarding any criminal matter.

2.4. It will suffice to state that the Supreme Court is overburdened with cases today, most of which did not arise from the Court’s original jurisdiction. The Court has become more of an appellate Court than what it was originally created for – a Constitutional Court. The original jurisdiction of the Supreme Court is to hear and determine questions arising from disputes between one State of the Federation and another or between the Federal government and a State – it is the Court of government.

2.5. Unarguably, election cases has become the greatest threat to the peace and security of Nigeria, especially the Presidential Election. The history of Nigeria is replete with Presidential Election Petitions that ended in the Supreme Court with so much controversy afterwards. This trend has dampened the confidence of Nigerians, including the politicians, in our judiciary as it appears to be incapable of doing justice in such cases. It is often the case that Nigerians strongly believe that the Courts are undermined by the sitting government in the discharge of its judicial duty.

2.6. My focus is only regarding the Presidential Election Petition. Presently, the Court of Appeal has the original jurisdiction to hear and determine any question as to whether (a) any person has been validly elected to the office of the President or Vice-President under the 1999 Constitution, (b) determine the term of office of President or Vice-President, (c) determine when the office of President or Vice-President has become vacant.

2.7. The 2019 Presidential Election Petition Court has, once again, raised the fears of Nigerians on the ability of the Court of Appeal to handle such a nationally very sensitive cases. Firstly, the question of predisposed constitution of the panel was such a heated matter as the Constitution, as if unconcerned with the importance of the presidential election, allows a minimum of three (3) justices of the Court of Appeal to sit and determine such an issue of utmost national importance. The choice of those who sat, 5 members, wasn’t reflective of the national sensitivities of Nigerians as the regions were completely left out of the panel. This raised a concern and Nigerians didn’t expect much from the Court.

2.8. Then, the issue of the presiding Justice recusing herself for likelihood of bias was formally tabled before the court. This brought home the fears of Nigerians that this Court is incapable of handling such a sensitive case. Nigerians saw the drama that the Court of Appeal engaged the entire nation with and then in a bizarre twist, the request was unwillingly granted. That Court of Appeal clearly appeared to be deeply interested in an outcome, which many believed was eventually achieved.

2.9. It is for the reasons above that I am proposing the expansion of the Supreme Court Original Jurisdiction by removing the original jurisdiction of the Court of Appeal and giving same to the Supreme Court. This will make the Supreme Court the first and final Court for Presidential Election Petition, thereby saving the entire nation time and res0urces.

2.10. The importance of a Presidential Election cannot be undermined by the way disputes arising therefrom are handled. This is a national duty that is capable of threatening the corporate existence of the nation and must therefore be handled with such importance.

2.11. Presidential Election is held across the 774, 000 Local Government Areas of Nigeria and any petition arising therefrom is also caught up with the 180 days rule. The life-cycle of the petition is the same with that of a State House of Assembly. This 180 days is presently almost completely wasted at the Court of Appeal, leaving the Supreme Court with little or no time to hear and determine any appeal arising therefrom.

2.12. The 2019 Presidential Election Petition Appeal, of which I was a member of the legal team, was more of a drama in the Supreme Court than an Appeal. The Court was poised to dismissing the Appeal without arguments or any hearing within 10 minutes. All they needed to do was to uphold whatever the Court of Appeal has done and then dismiss the Appeal. This, in my view, was a travesty and is capable to leading this nation into crisis if not checked. Eventually, the main Appeal was dismissed with “reserved” reasons, while 8 other interlocutory Appeals, necessary for the effectual determination of the main Appeal, was never heard or determined even as I write this proposal. Those appeals are still pending in the Supreme Court.

2.13. The above happened because the Supreme Court wasn’t willing to rock the boat, since the Court of Appeal decision somehow did not rock the boat. However, it was very clear to all that justice was mocked in that proceeding, beginning from the Court of Appeal right up to the Supreme Court. Why was the Supreme Court incapable of doing justice in that case? My answer will lead me to my second point on this proposal.

2.14. Firstly, the Supreme Court Justices on that panel did not, in all sincerity, critically study the briefs before them. This could be because of the limited time available to do so or some other reasons unknown to me. However, one thing was clear to all during the proceeding and it was that the Justices on that panel did not appreciate the petition, much more the appeal therefrom. So, time was a factor that created a leeway for injustice. The Supreme judgment is available for public digest.

2.15. Secondly, to my second point under this proposal, the Supreme Court was weakened by the present method of sitting to hear and determine questions arising from a Constitutional dispute. The Constitution allows the Chief Justice of Nigeria to select those who will sit and determine any matter before the Court. For a Presidential Election Appeal, a minimum of five (5) Justices will suffice. This practice is open to serious abuse and the perpetration of injustice, should a Chief Justice have a political bias for a given candidate or political party and just like the Court of Appeal, the panel constituted by the Chief Justice of Nigeria was insensitive to the geographical disposition of Nigeria.

2.16. Therefore, in order to have a judiciary that will enjoy the confidence of Nigerians, especially political actors, in the pursuit of Constitutional rights after an important election as the Presidential Election, it is important not just to expand the original jurisdiction of the Supreme Court as proposed in paragraph 2.9 (supra), but to also expand the constitution of the Court whenever it is sitting to hear and determine any constitutional matter, by taking away the latitude of the Chief Justice of Nigeria to influence the outcome in any way, shape or form.

2.17. My proposal on the Constitution of the Supreme Court whenever it sits to hear any matter arising from the Constitution, which includes Presidential Election Petition, all the Justices of the Court will sit, hear and determine such cases without reserving judgment or the reason thereof. That is to say, that a full and final decision must be delivered on the same day that hearing is concluded. This is possible as all arguments, evidence and exhibits are usually frontloaded to the Court.

2.18. Every person appointed into any Supreme Court all over the world is so appointed to have a say on any Constitutional question that is brought before such a Court. The practice of selecting some justices to decide our collective destiny is abnormal. The interpretation of our Constitutional provisions and cases arising therefrom is a collective duty of the entire justices of the Supreme Court as a body, not of a select few, just as the amendment of our Constitution is a collective duty of the National Assembly and those of States. Such is the importance of our Constitution.

2.19. The present arrangement was given by the military and does not protect the nation from the wiles of a possible unscrupulous Chief Justice.

3. REFORM OF THE NATIONAL JUDICIAL COUNCIL:

3.1. The National Judicial Council is a creation of the 1999 Constitution under Executive Bodies as provided for in the Third Schedule to the Constitution, with powers to manage and discipline judicial officers – Judges and Justices.

3.2. It is unfortunate that the first 8 provisions dealing with the membership of the National Judicial Council created an impossibility for the Council’s ability to effectively discharge its duties without fear or favour to ALL.

3.3. One of the most common Latin maxims any law student will readily recite is “Nemo Judex in causa sua” which translates literally to mean, “No-one is a judge in his own cause”. This principle of natural justice entails that no one can judge a case in which he/she or they have an interest in.

3.4. If one of the core responsibilities of the National Judicial Council includes the exercise of disciplinary control of judges and justices, will it be proper for any judge or justice to be a member of such a council? In my humble opinion, it is improper to have a judge sitting in a council that will likely receive compliant against him or her.

3.5. Recently, the entire nation was thrown into legal crises when the Presidency removed the Chief Justice of Nigeria through the Code of Conduct Tribunal. A procedure alien to our laws, which negatively impacted on the independence of the judiciary. This resort to desperation became necessary because it is presently impossible to put a sitting Chief Justice of Nigeria under any form of check or disciplinary control. The powers of the Chief Justice exceeds that of a judicial officer, same with other judges or justices who are members of the Council. They enjoy so much protection to do as they will.

3.6. The need to remove all judicial officers from the National Judicial Council is now greater than ever. The indiscipline on the Bench has reached its highest level. Even judges who are not members of the Council, but enjoy the protection of members see themselves as untouchables. They do as they will in the Court room without sanction. They sit when they want and speak like gods to litigants and lawyers alike. Only a few humble and just judges are present in our Courts, across board. This is as a result of a total absence of independent control of judges.

3.7. Therefore, it is my proposal that Judges and Justice presently listed as members of the National Judicial Council in whatever capacity they are occupying such membership of the Council, should be removed. They are to be replaced by religious organizations, civil society organizations and other groups who are considered as critical stakeholders of the justice sector. This will give room for individuals to freely complain against any judicial officer, including the Chief Justice of Nigeria, without harboring the fear of bias.

Distinguish Senators, above are my most humble proposals. They are made in the overall interest of our nation and I do hope that you will consider them during your deliberations.

Thank you very much.

SILAS, Joseph Onu, Esq.
Legal Practitioner,
Convener, Open Bar Initiative.

No. 28A Ganges Street, Maitama – Abuja.
Phone: 0818 101 6112
Email: [email protected]