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Judiciary

Justice for all critical to national security, says Supreme Court Judge

Justice for all critical to national security, says Supreme Court Judge
By Mohammed Lawal
Justice
Zaria (Kaduna State), Dec. 12, 2018 (NAN) Justice Ibrahim Muhammad, a Justice of the Supreme Court of Nigeria, says justice for all is a critical element for national peace and security.
He made this known to newsmen shortly after declaring open the 19th Annual Judges’ Conference at Kongo Campus of Ahmadu Bello University (ABU), Zaria, Kaduna State.
The News Agency of Nigeria (NAN) reports that the theme of the conference is: “Application of Islamic Financial Legislation in the Nigerian Judicial System: Challenges and Prospects”.
NAN also reports that the two-day conference was organised by the Centre for Islamic Legal Studies (CILS), ABU, in collaboration with National Judicial Council (NJC), Abuja.
Muhammad said: “The best path to ensure peace, stability and security of the nation is for judges to ensure justice for all irrespective of status or any other thing.
“As judges we must do everything possible to do justice between people, we must do what we are employed to do, if not we have broken our oath taken that we will be just in delivering judgment especially in Islamic Sharia law.”
On judges that take advantage of their position to harm one party in a case, the Supreme Court Judge advised those who felt cheated to report to the higher authorities for necessary action.
“We have several authorities in the judiciary whom if such a case is reported to, will definitely give orders for investigation.
“Any judge found guilty of such offence will be dealt with accordingly, if the gravity of his offence is big enough to be sacked, the judiciary will not hesitate to sack or demote him depending on the level of the offence.
“Therefore, it is not an excuse for somebody to keep mute while he is cheated in a court of law; if you feel you are cheated and you keep quite, you have cheated yourself,” he said.
Earlier in the conference, the Supreme Court Judge stressed the need for more collaborative input between CILS and NJI to enhance justice dispensation in Sharia and Area Courts, and the Nigerian Judiciary at large.
He said the theme of the conference was not only topical but also timely and suitable in view of the fact that it would allow discussion of nature and constraints of judicial proceedings involving matters relating to Islamic banking and finance.
The ABU Vice Chancellor, Prof. Ibrahim Garba, described the occasion as the best place that provides solutions to issues affecting the judicial system especially in Islamic Sharia.
Garba, who was represented by the Director, Institute of Administration, ABU, Prof. Ibrahim Aliyu, expressed satisfaction that the Islamic Financial System was gradually gaining ground in Nigeria.
He said the establishment and growth of JAIZ Bank had clearly demonstrated the success of Islamic Financial System, noting that the conventional banks, such as Stanbic IBTC and Sterling bank, were also operating a unit of interest-free banking system.
The Director, CILS, Prof. Muhammad Usman, lamented that there was no statutory framework for Islamic non-interest based financial transaction in Nigeria except for the guidelines drawn by the Central Bank of Nigeria (CBN) For Non-Interest Financial Institutions.
“Another gap in the area is that of jurisdiction of courts to sit over conflicts relating to Islamic financial issues. Are the Sharia Courts empowered to do so? Are the Sharia Court Judges sufficiently educated to adjudicate over such matters?
“Are the Conventional Courts such as the High Court or the Federal High Court empowered to sit over such cases? If the answer is in the affirmative, are there competent judges to satisfactorily serve justice in the light of the objectives of Sharia?” Usman asked. (NAN)
KLM/CHOM/MST
Edited by Chioma Ugboma/Muhammad Suleiman Tola

Judiciary

Settlement is better than litigation, says Judge

Settlement is better than litigation, says Judge

NAN-H-2

Settlement

By Sylvester Thompson

Abuja, May 16, 2017 (NAN) A Gudu Upper Area Court judge in Abuja, Alhaji Umar Kagarko, says settlement is better than litigation.

He said this in court on Tuesday while adjourning a public disturbance and nuisance hearing filed against nine men.

Kagarko adjourned the case till June 26 for settlement.

“Anytime settlement comes, we always welcome it,’’ quoting relevant sections of the Administration of Criminal Justice Act (ACJA) to support his point.

The defendants are Gabriel Adediji, Mba Johnson, Paul Oseh, Ali Kareem, Francis Chukwu, Okadigbo Okadigbo, Tadex Taiwo, Biodun Olowu and Akeem Abioye, with age range between 34 and 46.

All the nine men, traders of Area 7 shopping complex, Garki, are facing trial on two-count charge of inciting disturbance and continuance of nuisance after injunction to discontinue.

However, they pleaded not guilty on April 3, the day of their first arraignment in court, and were granted N50,000 bail each, with a reliable surety in like amount.

The prosecutor, Mr Fidelis Ogbobe, told the court that “the parties involved are making frantic efforts to settle the matter’’.

Ogbobe filed an oral application, giving the parties involved time to settle the matter.

Earlier, the prosecutor told the court that the complainant, one Lanre Ajayi, Chairman of Area 7 Traders Association, Garki, reported the matter at the Garki police station on March 31.

Ogbobe said the complainant had alleged that the defendants incited people in the market against the traders’ association executives to protest inadequate power supply in the shopping complex.

“They were invited to the police station and advised to go and maintain peace, but they all neglected the warnings and continued to incite disturbances and nuisance in the market,’’ he said.

He also said this led to a breach of public peace and breakdown of law and order in the market place.

Ogbobe said the offence is contrary to sections 114 and 119 of the Penal Code. (NAN)

SET/OIF/MST

Edited by Ifeyinwa Okonkwo/Muhammad Suleiman Tola

Judiciary

Angry judge discharges armed robbery suspects “with a heavy heart”

NAN-H-43

Discharge

By Martha Nuhu

Jos, April 11, 2017 (NAN) Justice D. D. Longji of a Jos High Court in Plateau on Tuesday discharged two armed robbery suspects, Mustapha Mohammed and Amos Emmanuel, over lack of diligent prosecution by the police.

“I am discharging you and it is with a heavy heart; I am discharging you not based on merit, but because my hands are tied,” a visibly miffed Longji declared, while accusing the police prosecutor of refusing to do his job.

He said that he was discharging the duo “because of the position of the law on lack of diligent prosecution”.

“I have no reason to hold you because the prosecution has not diligently prosecuted the matter and seem uninterested in it.

“But, if it is in your character to be a thief, you will come back here again; you will be re-arrested one day and brought back to court to face your charges.

“There is no peace for the wicked, you are hereby discharged, but not acquitted,” he said.

The News Agency of Nigeria (NAN) reports that the suspects were discharged after their counsel, Mr David Adudu, prayed the court to strike out the case and discharge his clients as the prosecution had not shown any interest in the matter.

He also claimed that the prosecution had consistently frustrated hearing on the case since it commenced in June 2016.

Longji, while agreeing with the defense counsel, said that the prosecution was not interested in the case and had been absent at the hearings.

“Because of the persistent absence of the prosecution, the case suffered series of adjournments. The worst aspect is that no reasons were usually given for the absence,” he said.

At their arraignment in June 2016, the police prosecutor, Mr E. A. Enegbonoise, had told the court that the accused persons, armed with a knife and a pistol, robbed one Chinyere Onyeabor, at Abattoir, Jos, on April 14, 2016.

Enegbonoise said that the accused persons, in company of a third accused, Kenneth Okafor, currently in Bauchi prisons over another matter, attacked Onyeabor and dispossessed her of a hand bag, three phones and an undisclosed amount of money.

The police prosecutor said that the first accused person, Kenneth Okafor, had told the police, in a confessional statement, that the knife and pistol belonged to the first accused (Mohammed), who brought them to his house and suggested that they should go out to rob.

Enegbonoise quoted the accused as saying that when they went out to rob, they picked a woman at Farin-Gada roundabout in their tricycle, but later pushed her out of the moving vehicle and took her belongings.

The prosecutor further quoted the accused as saying that at a military check point at Abbatior, soldiers discovered  the arms and apprehended them.

The statement also quoted Mohammed as saying that he bought the gun from one Isiaka Sani, a resident of Congo-Russia area of Jos, at the cost of N5, 000.

The prosecutor said that the offences contravened sections 1 (1 and 2), and 27 (1), of the Robbery and Fire Arm special provision Act, CAP R11, of the Federation of Nigeria, and punishable with death and a prison term of up to 14 years. (NAN)

ADY/ETS
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Edited by Ephraims Sheyin

Judiciary

Judge orders accelerated hearing of JUTH management/workers dispute

NAN-H-74
dispute
Jos, March 28, 2017 (NAN) Justice Rabiu Gwandu of the National Industrial Court, Jos, has ordered lawyers to parties in the industrial dispute between Jos University Teaching Hospital (JUTH), and its workers, to ensure a speedy resolution of the matter.

“The case involves human health and should not be delayed; health workers should not be delayed in the courts when their attention is required in the hospital,” she said on Tuesday, when the matter came up.

She warned lawyers against delay tactics that could further prolong the matter which she said had lingered “for too long”.

The News Agency of Nigeria (NAN) reports that the Joint Health Staff Union (JOHESU), had dragged the management of JUTH to court in 2016, over alleged refusal to pay their April and May salaries for that year.

The union had declared a strike during the period, but while some workers stayed away as directed by the union, others reported to work.

The management later paid salaries to only workers that reported to work during the two months strike.

At the hearing of the case om Tuesday, Gwandu declared that labourers were entitled to their wages, and advised lawyers to both sides to strive toward reaching a consensus.

She ordered the lawyers to file for an accelerated hearing to enable the court to resolve the issues “very quickly”.

Gwandu adjourned the matter to May 15, and advised the two parties to meet before the adjourned date and explore the possibility of an out-of-court settlement.

She appealed to the union leaders to be calm and refrain from actions that could portray them as “rowdy”.  (NAN)
UBO/ECN/KOLE/ETS

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Edited by Remi Koleoso and Ephraims Sheyin

Judiciary

Judge advises Lalong, sacked LG officials, to settle out of court

 

NAN-H-98
Advice
Jos, March 10, 2017 (NAN) Justice Philomena Lot of Plateau High Court IV, has advised the Plateau Government and sacked Local Government Chairmen to pursue an out-of-court settlement to the dispute arising from the sack.

The judge gave the advice on Friday in Jos, while addressing lawyers to both parties in the case brought before her by the sacked chairmen and vice chairmen of the 17 Local Government Areas of the state.

The News Agency of Nigeria (NAN), reports that Gov. Simon Lalong had, on July 6, 2015, sacked the elected council officials, and replaced them with interim management committees.

No reason was given for the sack of the council officials that had two years left of their three-years tenure, when they were removed.

Aggrieved by the action, the sacked officials dragged Lalong, the State’s Attorney General, the State House of Assembly and Plateau State Independent Electoral Commission (PLASIEC) to court as 1st, 2nd, 3rd and 4th defendants.

The officials, through their Counsel, Mr Philemon Daffi, asked the court to declare their sack as “unlawful, illegal, unconstitutional, null and void’’.

They also requested for an order compelling the defendants to pay them an accumulative N250,123,075.86 being their withheld salaries and allowances, from July 2015 to March 3, 2017 to complete the residues of their respective tenures.

When the case came up on Friday, the judge advised lawyers to both parties to talk to their clients toward finding a common ground for an out-of-court settlement.

“I want to advise you to call your clients and discuss with them to find a common ground to settle this matter out of court; if that is done, it will be good for this state.

“We are all from this state (Plateau); we don’t have any other place. So we should embrace peace so that we can go on with life, smiling with one another.

“I think it can be done peacefully just as it happened in the past with a past regime; this is my own candid advice,’’ she stated.

Mr Sunday Obende, Counsel to Lalong, who welcomed the advice, said that the state government was disposed to any favourable settlement, and promised to explore any opportunity in that respect.

“My Lord, I will definitely engage my client in a discussion to see how we can look into your good advice,’’ Obende promised.

Daffi, in his response, also welcomed the idea “so long as the other parties will accept it”.

Mrs. Florence Lotben, Counsel to the 2nd, 3rd and 4th defendants, also welcomed the suggestion, and promised to also persuade her clients into seeing how the matter could be settled out of court.

Lotben, however, told the court that she had an application which she intended to serve the court and other lawyers, and asked the court for an adjournment to enable her effect service as expected by law.

The judge adjourned the case to April 10, for hearing on Lotben’s application and the substantive suit. (NAN)

TYC/OIF/ETS

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(Edited by Ifeyinwa Okonkwo and Ephraims Sheyin