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.
Kogi State Election Petition Tribunal has upheld the victory of Governor Usman Ododo at the State Gubernatorial election held on November 12, 2023, as it dismisses SDP, Murtala Ajaka’s Petition
Kogi held its off-cycle election on November 11, 2023, amid allegations of rigging and vote-buying.
Murtala Ajaka, the Social Democratic Party (SDP) governorship candidate in the Kogi State, lost at the state Election Petition Tribunal sitting in Abuja on Monday
The Tribunal had last week fixed May 27 to deliver judgment on the petition filed by the SDP and its governorship candidate, Ajaka, against the victory of Governor Usman Ododo.
The Independent National Electoral Commission (INEC) declared Ododo of the All Progressives Congress (APC) the winner of the election amidst allegations of rigging and vote-buying.
However, in the judgment delivered on Monday, the tribunal ruled against Ajaka.
The parties had adopted their final written addresses in the course of the proceedings.
In the petition, INEC, Ododo and the APC were listed as the 1st to 3rd respondents respectively.
When the case was called on Friday, April 26, INEC, Ododo and APC’s lawyers opposed the move by Jibrin Okutepa (SAN) to lead the witness, Edidiong Udoh, a digital forensic expert, in evidence.
Chief Kanu Agabi (SAN); Alex Iziyon (SAN) and Emmanuel Ukala (SAN), who appeared for INEC, Ododo and APC respectively argued that the petitioners did not list the name of the witness in their proof of evidence and that the witness statement on oath was not front-loaded alongside the petition.
They also contended that the petitioners served the reports of the witness’ analysis on them 20 minutes before the commencement of the proceedings.
But Okutepa insisted that the forensic expert was listed on Page 56 of the petition as item 10, adding that his statement was also front-loaded.
***Says the rule of law is an intangible asset of any society
The Presidential Candidate of the Labour Party in the 2023 general elections, Peter Obi has decried the level of decline in Nigeria’s Judiciary has witnessed in recent times.
Though the LP standard bearer acknowledged that there still exists few good judges and justices in the country but generally speaking, the situation is worrisome and a threat to the future of the nation.
Obi spoke while delivering a Keynote speech titled “The Role of the Judiciary in Shaping Nigeria’s Future” at the 5th Memorial of Justice Anthony Nnaemeka Aniagolu, at the Godfrey Okoye University, Enugu.
Obi said there is a lot to learn from the integrity of the late Justice of the Supreme Court and his class of Justices.
“It was truly an honor to pay tribute to one of Nigeria’s most esteemed jurists, the late Justice of the Supreme Court, Justice Anthony Nnaemeka Aniagolu.
“His illustrious career, particularly as a Justice of the Supreme Court of Nigeria from 1978 to 1987, brought immense honor to our judiciary through his unwavering integrity and steadfast commitment to upholding the rule of law and ensuring justice in our nation.
“As we commemorate the legacy of Justice Aniagolu and other revered Nigerian judges, we must draw inspiration from their exemplary service. We must strive to emulate their dedication to integrity, fairness, respect for the rule of law, transparency, humility, and the dispensation of justice.
“While the judiciary today still boasts of a few outstanding judges, there is an undeniable decline in our judicial system. This decline poses a significant threat to the future of Nigeria. Justice is increasingly commodified, and delivered in favor of the highest bidder.
“When the rule of law is compromised, the most vulnerable members of society are disproportionately affected, and the fabric of our society begins to fray. The integrity of our institutions, the protection of human rights, and the stability of our nation are all jeopardized.
“The rule of law is the highest intangible and most valuable asset of any society, and we must work tirelessly to protect and preserve it. We must prioritize the pursuit of justice above all else.
“Only then can we ensure that the rule of law remains a beacon of hope and a safeguard against tyranny, oppression, and injustice. The future of our nation depends on it
“In my address to the audience, I emphasized the urgent need to revitalize our judicial system by safeguarding its independence and promoting the values of character, competence, capability, compassion, and integrity among our jurists, as well as within our political leadership. By so doing, we can ensure that justice and fairness prevail as we endeavor to build a better Nigeria for all.
Godfrey Okoye University, Enugu is a private institution owned and managed by the Catholic Church.
An executive Bill which is seeking for the review the Salaries, allowances and fringe benefits of judicial office holders across the country scaled Second Reading on the floor of the Senate on Thursday.
Our correspondent reports that the Bill was presented to both chambers of the Parliament by President Bola Ahmed Tinubu and it had since passed Second Reading in the House of Representatives.
Presenting the Lead Debate, Senator representing Kwara South and Deputy Senate Leader,
Oyelola Ashiru disclosed that Bill, when passed into law “seeks to prescribe salaries, allowances and fringe benefits for Judicial Officers in order to nip in the bud, the prolonged stagnation in their “remuneration so as to reflect the contemporary socio-economic realities of our time.
” Similarly, the Bill intends to unify the salary structure as well as allowances and fringe benefits of Judicial Officers Holders both in the Federal and at the State levels. This proposed legal framework, undoubtedly, will bring about significant improvement in the welfare, capacity and independence of the Judiciary, which have been contentious issues of public discourse over the years. ”
The Deputy Senate Leader further maintained that “the purport and intent of this Bill are in conformity with the current administration’s resolve to strengthen the country’s Judiciary and the criminal justice system, with a view to ensuring its independence in the performance of its constitutional role, as the arbiter of the temple of justice.”
He implored his colleagues ” to support the ‘expeditious passage of this Bill in view of its importance to the socio-economic and political development of this country. ”
By the provisions of the bill, judges are to get over 800 per cent pay rise, as the Chief Justice of Nigeria is to earn N64.6m annual basic salary and allowances, far higher than what obtains currently.
Other justices of the Supreme Court are to earn annual basic salaries and regular allowances of over N60m annually.
The new salary structure is expected to come into effect from 1 January, 2024.
Contributing to the debate, Senator representing Edo North, Adams Oshiomhole said “the prevailing economic conditions demand that we review wages, taken into account the rate of inflation.”
Senator Oshiomhole said that there should be a clause in the Bill that will adjust the wages of the judicial officers based on the level of inflation yearly.
He said: ” At the time we passed the budget last year at N750 per dollar, the overall cost of living compared to what it is today is different. The issue of salary administration needs not be brought to Parliament for debate.
“We need to fix a clause that says, provided that every year, within that law, there should be a provision of appropriate organs to review and take into account the rate of inflation and adjust the wages of both Chief Judge of the Federation and all the judges that are covered by this act.”
Senator Abba Moro also spoke in support of the Bill as he noted that given the rate of present inflation, judicial officers must not be allowed to fall into temptation.
In his own submission, Senator representing Kano North and Deputy Senate President, Barau Jibrin described the Bill as laudable.
“They can’t agitate like other workers..They have been crying in silence. If we take the judiciary seriously, we must also take their remuneration seriously.”
After scaling second reading, President of the Senate referred the Bill to the Committee on Judiciary, Human Rights and Legal Matters to report back in four weeks.
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