Judiciary
Suspicious Judgments: US Govt allegedly deploys Visa ban to cage CJN, 6 JSC
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola and six other Justices of the Supreme Court of Nigeria have been denied entry access to the United States of America by the US government over what was alleged to be ‘their delivery of controversial and inciting judgments’.
A US-based online portal Point Blank News exclusively reported that “besides Ariwoola, other Justices of the Supreme Court affected by the ban included Justices Musa Dattijo Mohammed, Centus Nweze and Justice Kudirat Kekere Ekun.
Point Blank News further reported that their ban was in connection to alleged distrustful judgements they delivered particularly the controversial judgment that made Senator Hope Uzodinma governor of Imo State in 2020 and the decisions of the apex court that gave recognition to the present and former Presidents of the Senate, Godswill Akpabio and Ahmed Lawan respectively as winners of the party primaries of the All Progressives Congress (APC) they did not participate in.
Senator Uzodimma, who came fourth in the 2019 governorship election was later declared winner of election by the Supreme Court while in the case of Lawan and Akpabio, the Supreme Court ruled, in separate judgements, that both senators were party’s candidates even when it was clear that they didn’t participate in All Progressives Congress senatorial primary election.
Lawan and Akpabio took part in the presidential ticket contest of the APC which legally ruled them out of the senatorial contest in line with the provisions of the Electoral Act 2022.
While Akpabio stepped down for Bola Tinubu, who later won the presidential ticket, Ahmed Lawan came 4th in the primary at the time that senatorial candidates had emerged from their senatorial zones to represent the party in the 2023 elections.
Bashir Machina and Udom Ekpoudom won the primaries and emerged senatorial candidates for the Yobe North and Akwa Ibom North West respectively but, their victories which were accorded recognition by both the High and Appeal courts were subsequently upturned by the Supreme Court to the chagri of many legal luminaries and Nigerians.
Point Blank News learnt that the affected Supreme Court justices only became aware of their ban to enter the US when they were denied access to the country to attend a seminar.
A ranking Supreme Court official who pleaded anonymity, confided in Point Blank News that Justice Ekun was the first to be informed of her visa ban.
The source stressed that the ban has become a serious burden on Justices of the Supreme Court.
According to the source; “And that signals the Justices received, indicate that the U.K and the European Union have been asked to consider same action by the U.S authority.”
The source noted that the judgements in the cases involving Uzodimma, Akpabio and Lawan, which raised so much upset within the polity and “some other cases were considered to be against democracy and rule of law”.
The Supreme Court in January 2020, upturned the election of Hon. Emeka Ihedioha of the Peoples Democratic Party (PDP) as governor of Imo State and declared Senator Hope Uzodinma of the All Progressives Congress (APC) as the winner of the March 9, 2019 governorship election in the state.
In the unanimous judgment of the seven-member panel, read by Justice Kudirat Kekere-Ekun, the Supreme Court held that results in 388 polling units were unlawfully excluded during the collation of the governorship election result in Imo State.
Justice Kekere-Ekun said with the results from the 388 polling units added, Mr Uzodinma polled a majority of the lawful votes and ought to have been declared the winner of the election by the Independent National Electoral Commission (INEC).
However, the Justices of the Supreme Court did not provide the details of the new votes scored by each of the candidates after the addition of the results from the 388 polling units but went ahead and voided as well as set aside the declaration of Hon. lhedioha as the winner of the 2019 governorship election in Imo state.
The Supreme Court also ordered that the Certificate of Return wrongly or unlawfully issued to lhedioha be immediately withdrawn by INEC and a fresh one issued to Uzodinma as the elected governor of the state.
Similarly, the Supreme Court in February 2023, declared then Senate President, Ahmad Lawan as the authentic candidate of the APC for Yobe North Senatorial District for the February 25, 2023 general election.
The apex court in a three-against-two split judgement of its five-member panel led by Justice Centus Nweze, held that the decisions of the Federal High Court, Yobe and the Court of Appeal in Abuja “were perverse and must be set aside.”
The APC had challenged the judgements of the lower courts which affirmed Bashir Machina as the candidate of Yobe North Senatorial District for the election and urged the Supreme Court to nullify the two previous verdicts and legitimise APC’s National Working Committee’s forwarding of Lawan’s name to INEC as the flagbearer of the party for the poll.
In a related development, the Supreme Court in February declared Godswill Akpabio as the validly nominated candidate for Akwa-Ibom North-West senatorial seat for the February 25, 2023 election.
The ruling party had challenged the decision of the Court of Appeal, Abuja, which sacked Mr Akpabio as its candidate.
In Mr Akpabio’s place, the appellate court had on November 14, 2022 ordered INEC to recognise Udom Ekpoudom, a retired Deputy Inspector General of police, as the authentic candidate of the party.
Delivering the unanimous judgement of its five-member panel led by Justice Kudirat Kekere-Ekun, the Supreme Court held that the Federal High Court and the Court of Appeal were wrong to have assumed jurisdiction in the suit since the issue of candidate nomination lies squarely with political parties.
Judiciary
NJC Suspends Rivers, Anambra High Court Judges
***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.
Judiciary
Tinubu Orders Immediate Release of Minors Detained Over #EndBadGovernance Protests
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.
Judiciary
Senator Sani Musa Calls for Investigation into Detention, Prosecution of Underage Protesters
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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