In the year under review, there were high-level judicial events and verdicts that shaped the judiciary firmament and the Nigeria’s landscape. KEHINDE OSASONA reports
AGF asks ICC to drop Nigerian Army probe
Last year, while speaking at the 23rd Session of the Assembly of States Parties to the Rome Statute of the ICC in the Hague, Netherlands, the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, requested the International Criminal Court (ICC) to terminate its investigation into the Nigerian military.
Fagbemi at the meeting emphasised Nigeria’s efforts to promote justice and combat terrorism.
He insisted that the ICC’s mandate is to intervene only when national systems are unable or unwilling to address such crimes, which he noted does not apply to the region.
The strong system within the military system he claimed is designed to ensure adherence to global humanitarian laws and accountability for any personnel found guilty of misconduct.
He further maintained that the nation has robust systems to uphold justice, including independent investigative panels and a court martial system for addressing violations.
The AGF argued further that the ICC’s investigation, in its 14th year, has discouraged military personnel dedicated to defending the nation, emphasising that the nation’s justice system is solid enough to handle misconduct allegations without external intervention.
The senior advocate of Nigeria, who criticised the prolonged nature of the ICC’s preliminary investigation, described it as counterproductive to the region’s efforts in combating terrorism.
The Justice Minister reiterated the country’s commitment to tackling terrorism, prosecuting perpetrators of despicable crimes, and restoring justice for victims.
CJN Kekere-Ekun succeeds Ariwoola
President Bola Ahmed Tinubu last year sworn in Justice Kudirat Kekere-ekun as the 23rd substantive Chief Justice of Nigeria (CJN).
The swearing-in ceremony, which was held at the Council Chambers of the State House, followed the confirmation of Justice Kekere-ekun by the upper chamber of the National Assembly.
The ceremony was witnessed by four of Kekere-ekun’s predecessors, including Justice Alooma Muktar, Justice Mahmud Mohammed, Justice Walter Onnoghen and Justice Olukayode Ariwoola.
The 22nd Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola retirement followed his attainment of 70 years.
Ariwoola, it would be recalled was appointed CJN following the resignation of Justice Tanko Muhammad.
After age-long advocacy, S’Court finally grants autonomy to 774 LGAs
After a prolonged agitation, the Supreme Court last year ruled that the federal government must now pay allocations directly to local government councils from the federation account.
By implications and by virtue of the pronouncement, the 774 LGs will now enjoy the much-craved Financial autonomy that has eluded them for decades.
The federal government filed a suit against the governors of the 36 states.
The suit, marked SC/CV/343/2024, requested full autonomy for the country’s 774 local governments.
Filed by Lateef Fagbemi, Attorney-General of the Federation (AGF) and Minister of Justice, the federal government sought the Supreme Court’s authorization for the direct transfer of funds from the federation account to local governments, as mandated by the constitution.
In their ruling, a seven-member panel of justices held that state governments have been abusing their powers by retaining and using funds meant for Local Government Areas (LGAs).
Maikyau bows out, Osigwe in
The recently sworn-in president of the Nigerian Bar Association, Afam Osigwe, officially assumed office as the 32nd President of the NBA in a ceremony held in Lagos last year.
The ceremony marked the start of his tenure as the leader of the prestigious legal body.
Osigwe, who succeeded Mr Yakubu Maikyau, was elected to the position in July 2023.
The former General Secretary of the NBA, secured the position in the NBA presidential election after defeating two other contestants.
He was declared the winner by the Chairman of the Electoral Committee of the NBA, Oluseun Abimbola, after securing 50.52 per cent of the votes cast.
Osigwe received 20,435 votes, to defeat Tobenna Erojikwe, the Chairman of the NBA Institute of Continuing Legal Education Governing Council, who garnered 10,998 votes (27.19 per cent).
Chukwuka Ikwuazom (SAN), the former chairman of the NBA Lagos Branch, came third with 9,018 votes (22.29 per cent).
NJC hammers erring Judges
The National Judicial Council (NJC) last year came down hard on three High court judges of concurrent jurisdiction in the country.
The NJC decision was part of its resolutions at its two-day meeting from December 14- 15, 2021.
It said even though there was no written petition, allegations of corruption or impropriety against the judges, nevertheless, it is of its volition to initiate investigation pursuant to its inherent disciplinary powers under the Constitution to unravel the circumstances that led to spate of ex parte orders granted by courts of coordinate jurisdiction over matters with the same parties and subject matters.
The meeting, which was chaired by the Deputy Chairman of NJC, Justice Mary Odili agreed with the recommendations of the Investigation Committee set up in September concerning the errant judges.
The affected judges according to the Director, Information, NJC, Mr. Soji Oye granted conflicting ex parte orders in matters with the same parties and subject matters.
Consequently, they were barred from promotion to the higher bench for a period ranging from two to five years whenever they were due for such promotion.
The judges affected are: Justice Okogbule Gbasam of the High Court of Rivers State; Justice Nusirat I. Umar of the High Court of Kebbi State and Justice Eden Kooffreh of the High Court of Cross River State.
Ex-Gov Bello’s trial
The embattled former Governor of Kogi state, Alhaji Yahaya Bello, finally honoured the Economic and Financial Crimes Commission, EFCC, invitation last year after a hot chase.
The EFCC is prosecuting Yahaya Bello alongside Ali Bello, Dauda Suleiman, and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80,246,470,089.88
The former governor, according to a statement by his Media Office, signed by the Director, Ohiare Michael, was accompanied to the EFCC headquarters by high-profile Nigerians.
Recall that on April 23, Bello was served his charges through his counsel, Abdulwahab Muhammad (SAN) after Justice Emeka Nwite of the Federal High Court, Maitama, Abuja ruled that the defendant should be served through his counsel, especially as he failed to appear before the court, yet again.
He is also currently standing trial before Justice Maryann Anenih of the FCT High Court in Abuja on a different charge.
Court sends Turji Bello’s associates to Kuje prison
Also, a Federal High Court in Abuja, has ordered the remand of four suspected terrorists linked to notorious bandit kingpin, Bello Turji, in Kuje Correctional Centre.
In a short ruling, Justice Emeka Nwite made the order after the defendants pleaded not guilty to the 11-count charge bordering on terrorism.
He has consequently adjourned the matter until Feb. 10 for trial.
The four suspects; Musa Muhammad Kamarawa; Abubakar Hashimu, a.k.a. Doctor; Samuel Chinedu and Lucky Chukwuma, denied their involvement in the offences with which they were charged when the 11 counts were read to them.
Though eight defendants were listed on the face of the charge, three of them, including Bello Turji, were at large.
Afe Babalola, activist lawyer, Farotimi tango
A leading figure of Afe Babalola’s law firm has sued Dele Farotimi for N500 million over his alleged defamatory book.
In the enduing legal brawl, the senior advocate of Nigeria also seek to stop the distribution of the fast-selling book.
Kehinde Ogunwumiju, a Senior Advocate of Nigeria and managing partner at Afe Babalola & Co., alleged in his suit that Mr Farotimi’s book, titled, ‘Nigeria and its Criminal Justice System,’ is defamatory against the law firm and its lawyers.
He stated in the suit filed at the FCT High Court in Abuja that excerpts from the book portrayed him, the law firm, and its lawyers as unethical, suggesting they were often involved in bribing judges and manipulating the judicial system.
The 104-page book accused the law firm of “compromising the integrity of the Supreme Court,” scheming with “crooked lawyers and incompetent justices,” and “doctoring” a Supreme Court judgment.
CCT chair, Danladi, booted out
Also, the Nigerian Senate removed the Chairman of the Code of Conduct Tribunal, Danladi Umar, from office.
The removal followed the two-thirds majority of senators required to validate the resolution of the legislative chamber.
Earlier, the Senate Leader, Michael Opeyemi Bamidele had sponsored a motion seeking the “invocation of the provision of Section 157(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended for the removal of the Chairman of the Code of Conduct Tribunal, CCT.”
While adducing reasons for his removal, he said: “Senate has been inundated with serious of petitions and allegations of corruption/misconduct against the Chairman, a situation that necessitated the 9th Senate, through the Senate Committee on Ethics, Code of Conduct and Public Petitions to invite him to serious of investigative hearings.”
The motion also alleged Umar’s absenteeism from office for more than one month without permission and without recusing his position.
The lawmaker said those were the disturbing issues alongside others that precipitated President Bola Tinubu to have forwarded the name of Mr Abdullahi Usman Bello as his replacement.
Suit challenging EFCC legality thrown out
In another resounding pronouncement, the Supreme Court of Nigeria last year dismissed a suit filed by 19 states’ governors against the Economic and Financial Crimes Commission (EFCC).
The governors is challenging the constitutionality of the laws establishing the , the Independent Corrupt Practices and Other Related Offences Commission and the Nigerian Financial Intelligence Unit.
The 19 states involved were Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Anambra, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, and Imo.
Although Ogun and Nasarawa states were listed as parties, their cases, which separately contested the NFIU guidelines and advisory, were assigned distinct suit numbers and similarly dismissed.
Six of the 19 states—Anambra, Adamawa, Ebonyi, Benue, Jigawa, and Enugu—later withdrew from the case.
However, Supreme Court records indicated that the judgment applied to all 19 plaintiffs.
In a unanimous decision led by Justice Uwani Abba-Aji, the seven-member panel dismissed the suit for lacking merit.
Delivering the lead judgment, Justice Abba-Aji, who delivered the lead judgment resolved the six issues raised by the plaintiffs against them.
The court ruled that the laws establishing the EFCC and other anti-corruption agencies were validly enacted by the National Assembly within its legislative competence.
Endbadgovernance: Treason charges terminated
Respite came the way of 119 #Endbadgovernance protesters last year when the Federal High Court in Abuja terminated the treason charge brought against them by the Federal Government.
The defendants, which included over 40 minors, were arraigned before Justice Obiora Egwatu on charges bordering on arson and attempt to overthrow the government of President Bola Tinubu amongst others.
But following a wide condemnation of their arraignment, the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), swiftly move to take over the case, as well as apply for the trial to be brought forward from the January 24, 2025, adjourned date.
The request was subsequently granted.
Appeal Court acquits, discharges Onnoghen
Six years after he was convicted by the Code of Conduct Tribunal, (CCT), for making false assets declaration, a three-man panel of the Court of Appeal, led by Justice Mohammed Bello, last year acquitted and discharged the embattled former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
The development followed a settlement agreement the federal government entered with him.
The former CJN, it would be recalled, was first suspended by the former President Muhammadu Buhari’s administration and was eventually relieved of his post in an unceremoniously manner.
He was alleged to have made a false declaration to the Code of Conduct Bureau.
Onnoghen, in his defence, maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.
Federal lawmaker docked over assault
A Kuje Magistrate Court in the Federal Capital Territory last year docked a member of the House of Representatives, representing Aba North and South Federal Constituency of Abia State, Alexander Ikwechegh for assaulting a driver.
He was eventually granted bail in the sum of N500, 000.
Ikwechegh, who was arraigned before Abubakar Umar Sai’id, for allegedly assaulting a Bolt driver, Stephen Abuwatseya, at his residence in Abuja, pleaded not guilty to the charges brought against him.
The Inspector General of Police, Kayode Egbetokun, arraigned Ikwechegh on three counts bordering on abuse of office, assault and threat to life.
After taking his plea, the lawmaker’s counsel proceeded to make an oral application for bail, which was granted by the court.
