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Retired Judge charges former colleagues to free themselves from influence, self-imposed shackles

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By Friday Idachaba, Lokoja

Justice Alaba Omolaye-Ajileye, retiring Judge of Kogi State High Court has called on judges in the country to liberate themselves from every form of influence, self-imposed shackles and fetters that inhibit independence.

Omolaye-Ajileye who made the call at a Valedictory Court Session in his honour on retirement at the state High Court Complex in Lokoja said their independence was possible if they exhibited, at all times, requisite judicial character.

The Jurist who attained the statutory retirement age of 65 on February 15, culminating in the Valedictory Court Session in his honour frowned at the personal impediments the judges had imposed on themselves.

He said that the qualities of courage, firmness, integrity, uprightness, patience, open mindedness, understanding of the law, compassion, humility, and courtesy should be inseparable from the personality of a judge who desires to be independent.

“Our constitution provides a sound and sure foundation for us to have an independent Judiciary. But then, first and foremost, the judges need to free themselves from every form of influence, except law.

“The personal impediment that a judge constitutes to himself in hindering his independence far outweighs any imaginable institutional or external barrier or inhibition.

“Indisputably, Judges constitute the first pillar of the edifice of justice delivery system. They must, first and foremost, liberate themselves from self-imposed shackles and fetters that inhibit independence”, he said.

Omolaye-Ajileye said that the second pillar of the justice system was the Bar constituting the lawyers and described the administration of justice as a joint venture in which the Lawyers and judges were active participants.

“The strength of the Bench is the ultimate success of the Bar and vice versa. Similarly the degeneration of one will surely cause the down fall of the other”, he said.

Speaking on behalf of the Body of Senior Advocates, Jibrin S. Okutepa (SAN) said that Justice Omolaye-Ajileye ought to have gotten elevation to the Court of Appeal or even to the Supreme Court where his wealth of experience would have benefitted the nation’s legal system.

He said that the legal profession and indeed, the nation had incurred great loss in the retirement of the legal icon as his experience and scholarship were substantially unused “because the system we operate does not appreciate merit.

“As we celebrate with you, the legal profession needs to weep for allowing the jurist of extra-ordinary strength of character to end his career on the High Court bench”, he said.

In his speech, the Chief Judge of Kogi State, Justice Josiah Majebi, described Justice Omolaye-Ajileye as a refined, gentle and quintessential Judge whose presence exudes the qualities of a responsible judicial officer.

He said that the jurist was not given to frivolities, an excellent scholar, an author whose books have been and will no doubt continue to be resource materials not only to the Judiciary of Kogi State, but to Nigeria and the Legal System in general.

“He has at various times served as a member of various State and National Assembly Election Petition Tribunals as well as Governorship Election Petition Tribunals in various States. He is a Member of the Editorial Board of the Law Report of Northern Nigeria.

“My Lord maintained the highest standards on the bench in order to earn public trust and preserve the integrity of our profession. No doubt as he retires, he will be thoroughly sought after to lead
discussions on Electronic Evidence”, Justice Majebi said.

The Nigerian Pilot reports that the special Court Session was witnessed by legal luminaries from within and outside the state, serving and retired judges, representatives of the state government who rendered their speeches as well as friends and family members of Justice Alaba Omolaye-Ajileye. (Ends)

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Judiciary

NJC Suspends Rivers, Anambra High Court Judges

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***Recommends Compulsory Retirement for Two Heads of Court Over Misconduct

The National Judicial Council (NJC) has suspended two High Court judges, Justice G. C. Aguma of Rivers State and Justice A. O. Nwabunike of Anambra State, from performing judicial functions for one year without pay, following investigations over misconduct.
Both judges will also be placed on a two-year watch list after the suspension period.

This decision was reached at the NJC’s 107th meeting, presided over by the Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, on November 13 and 14, 2024. Alongside these suspensions, the NJC sanctioned three other judicial officers and recommended the compulsory retirement of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi, over age falsification.

According to the NJC, Justice Aguma aided a litigant inappropriately by transferring a garnishee proceeding from Abuja to Rivers State for enforcement. Similarly, Justice Nwabunike was found to have breached judicial conduct rules by issuing ex parte orders without proper procedures.

The NJC’s report indicated that Justice Chikeka and Grand Kadi Mahdi presented multiple birth dates to extend their service beyond the legal retirement age. The council has ordered both judges to refund all excess salaries received after their actual retirement dates.

The NJC also issued warnings to two other judges, Justice I. A. Jamil and Chief Judge J. J. Majebi of Kogi State, regarding their handling of sensitive cases. Petitions against several other judges were dismissed for lack of merit.

In addition, the council recommended the appointment of 36 judicial officers across several states and pledged to report legal practitioners filing unfounded petitions against judges to disciplinary committees for action. The appointed judges are expected to be sworn in by their respective state governors.

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Judiciary

Tinubu Orders Immediate Release of Minors Detained Over #EndBadGovernance Protests

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In response to public outcry over the arrest and detention of minors involved in the recent #EndBadGovernance protests, President Bola Tinubu has directed the immediate release of all detained children.
The directive, announced on Monday by Minister of Information and National Orientation, Mohammed Idris, follows the arraignment of 72 minors on charges of treason related to the protests, which took place across various states in August.

The protests, held in states including Kaduna, Abuja, Gombe, Jos, Katsina, and Kano, saw widespread demonstrations against high living costs and food scarcity.
The arrest of minors sparked widespread condemnation, as many appeared visibly malnourished and even collapsed during their appearance at the Federal High Court in Abuja.
Judge Obiora Egwuatu subsequently granted bail to the minors, setting it at N10 million for each of the defendants.

President Tinubu has also mandated the Ministry of Humanitarian Affairs and Poverty Reduction to oversee the welfare and reintegration of the minors with their families.
The President’s orders include the establishment of a committee, led by the humanitarian affairs ministry, to investigate the circumstances surrounding the arrests, detention conditions, and eventual release of the minors.

The public backlash intensified last Friday after reports of the prolonged detention of the minors emerged, prompting the Attorney General of the Federation, Lateef Fagbemi, to intervene. F
agbemi immediately instructed the police to transfer the case file to his office and assigned the matter to the Director of Public Prosecutions of the Federation for further review.

This decisive action by President Tinubu has been widely seen as a move to address concerns around justice, due process, and the protection of children’s rights in the face of Nigeria’s ongoing socio-economic challenges.

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Judiciary

Senator Sani Musa Calls for Investigation into Detention, Prosecution of Underage Protesters

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Chairman of the Senate Committee on Finance, Senator Sani Musa, has called on Inspector General of Police, Kayode Egbetokun, to investigate the detention and prosecution of underage protesters involved in the recent #EndBadGovernance demonstrations.
The minors, allegedly in poor health, were arraigned on Friday before Justice Obiora Egwuatu at the Federal High Court in Abuja.

Justice Egwuatu granted bail to 72 defendants, including the minors, setting bail at N10 million per defendant, with two sureties required. The conditions stipulate that one surety must be a civil servant of grade level 15 or higher with a verifiable address within the court’s jurisdiction, and the other must be a parent of the defendant.

Senator Musa, representing Niger East Senatorial District, condemned the treatment of the minors, describing it as “inhumane and unjust.” He also called for the National Judicial Council (NJC) to review the judge’s decision, questioning the appropriateness of detaining minors under such circumstances.

In a statement, Senator Musa said, “I strongly condemn the unjust detention of minors following the #EndBadGovernance protests. It is deeply troubling that, despite the hardships these children have endured, they are being punished rather than shown compassion and understanding.”

He further criticized the judiciary’s approach to the minors, emphasizing that “such actions contradict the principles of justice and fairness.” Musa urged an immediate investigation into the handling of the minors to ensure accountability and protect their rights.

During the court proceedings, the frail and malnourished children were visibly struggling, with some collapsing from exhaustion. Four minors had to be removed from the courtroom due to their critical health conditions.

Senator Musa affirmed his commitment to justice, stating, “This issue must be addressed urgently, and I will continue to stand with my constituents and all Nigerians in the pursuit of justice and good governance.”

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