Judiciary
Govs to blame for 5000 inmates awaiting the hangman’s noose for decades, says NCoS

***Justice in Nigeria is only for the rich says Prof Yemi Akinseyi George
At an access to Justice in Nigeria Parley, the Nigeria Correctional Service on Tuesday raised issues over 5000 inmates who have been sentenced to death by hanging but have waited for decades without their sentences being carried out.
The Controller general Nigerian Correctional Service Haliru Nababa spoke on Tuesday at the launch of the Court Administration and Management and The Reforming Pre-Trial Detention in Nigeria Phase II projects in Abuja which was bankrolled by Public and Private Development Center (PPDC) a civil Society Organization.
Represented by Gimba Dumbulwa, Assistant Controller, Custody of the Service he said the delay is being linked to Governors of the various States and their reluctance to sign their death warrants which he said is contributing to Prison congestion issues
“Somebody who is sentenced to death by hanging, some have stayed for 10 years, 15 years and even 20 years in custody while their death sentence has not been signed by the governors.
He called on stakeholders from the respective states to use their Attorney generals to influence their state Governors to see that those inmates who have been sentenced to death by hanging to commute their sentences to imprisonment. This he said is expedient so that those that have spent the years of sentence could be released
“We are pleading with you so that the respective governors who are not interested in signing the death warrant let them commute their sentence to imprisonment.
According to him, there 80, 020 inmates with 5,076 awaiting trial which he said is 70% of inmates hroughtout the country.
The
Professor Yemi Akinseyi George (SAN) of the Center for Socio-Legal Studies who presented the keynote address on “Opening the Path to Justice: Current Challenges and Prospects of the Nigerian Justice system” said justice in Nigeria is for the rich adding that he agree with that absolutely.
According to him, Only the rich can afford the services of a lawyer.
“Only the rich can afford to pay for their witnesses to come to court and it should not be so, this is a democracy we must not purnish the poor people unjustly but the justice system we run now is only for the rich.
“The Legal Aid System is not properly funded. Many persons can not aford the services of lawyers, therefore government needs to invest more on funding legal aids, Lawyers should be engaged in all our local governments to stand up for the poor, not just to defend them in court but to bring claims for the enjoyment of their rights to help the poor get their entitlement from the States, even things that we have promised them. “They need lawyers to stand for them. So we need lawyers all over the country. Government should engage more lawyers at the Local Governments, at the ward level, who will be representing the poor.
Explaining futher, he said the problem of the criminal justice system in Nigeria is delay, very embarrassing delay.
“One of the major reason for this delay is lack of effective pretrial case managements. Effective pre-trial case management would create a situation where the judge, the prosecutor, the witnesses and all the parties including the complainant to agree on a timetable before the trial begins.
“In Nigeria we don’t conduct effective pre-trial case managements even though the law provides for it. So it is important that all heads of courts, Attorney’s general must begin to insist that court in trial of criminal cases must conduct Pre-trial case management whereby before a suspect is arraigned for trial we have agreed on a timetable for the trial, how many witnesses we are going to call, how we are going to get the witnesses in to court and pay their expenses, those who needs protection, how they are going to be protected.
“So what Public and Private Development Center is doing in collaboration with UN embassy and INL is to begin to insist, to begin to build the capacity of the Nigerian legal system to conduct effective Pre-trial case management before trial commences.
“That is what all this process is all about and without that pre-trial all these effort to fatstrack justice would not be effective.
“The criminal justice system has not been able to expediciously deliver justice. The justice sydtem is too slow, we keep on adjuorning and adjuorning cases whereas we should have in place case management system so that criminal cases can commence and be concluded.
“But a situation where trial goes on ad infinitum, indefinatly does not augur well for democracy.
“This is why criminality continues. A lot of people opted for crime, those who are in court are not getting out.
“We are not seen to be purnishing wrong doers that is why wrong doing and impunity appears to be increasing so all stakeholders, Attorney General, chief judges, civil Soviety all of us needs to come together under the leadership of the Attorney General of the Federation Lateef Fagbemi.
“He has already begun to call for all stakeholders. Let us collaborate with him, work with the development partners, the organizations like Private Public Development Center (PPDC) so that together we can improve acces to justice because without access to justice Democracy is a nightmare, without access to justicw democracy is meaningless because everybody must be able to have their day in court.
“We are not saying everybody should be convicted but what we are saying is that they should go through the system and know that they have been tried, they have been given opportunity to say whether they are guity or they are not guilty. How can we keep over 70 persons in detention without trial it is an embarrasment.
“We all need to get up as stakeholders, lawyers, media and the whole of the society must deal with this problem because we have been dealing with this problem for years.”
PPDC’s board chairman Chibuzo Ekwekwuo in his speech said the gathering of distinguished legal minds, policymakers, and civil society representatives is a testament to the shared commitment to promoting and upholding the fundamental right to justice for all Nigerians.
“Access to justice is a cornerstone of a just and equitable society. It is the bedrock upon which the rule of law is built and the foundation for a thriving democracy.
“Without access to justice, individuals are unable to protect their rights, hold those in power accountable, and ensure that the law applies equally to all.
“Effective access to justice is often generally cited as one of the biggest obstacles to the realization of human rights.
“There is obvious social and economic inequality in Nigeria. The fundamental essentials of existence, including food, shelter, health care, water, land, and a means of subsistence, are often denied to many ordinary citizens and residents, who also typically have less access to education and the state’s protection. “Although legal assistance or free legal services are provided for by the 1999 Constitution and provided in some measure by the Legal Aid Council, many if not most citizens or residents, especially the poor and disadvantaged, nevertheless believe that access to justice does not exist for them.
“According to Nigeria’s 1999 Constitution, Section 46(4), the National Assembly must pass laws to provide financial aid to any impoverished citizen whose fundamental rights have been violated in order for them to be able to hire a lawyer. The budget for this organization, despite its existence, is insufficient to meet the demands of the populace.¹
In Nigeria, we have made significant strides in expanding access to justice. The enactment of the Administration of Criminal Justice Act, 2015, establishment of legal aid clinics, the expansion of pro bono services, and the recent adoption of innovative technologies have all contributed to making justice more accessible to more people.
“However, there are still challenges in accessing justice in Nigeria. These challenges include normative legal protection, legal awareness, legal aid and counsel, adjudication, enforcement and civil society oversight amongst others². There has been a sustained struggle for the protection of the human rights of individuals, groups and communities in Nigeria³.
We must therefore acknowledge that there is still much work to be done. Too many Nigerians remain unaware of their rights, unable to afford legal representation, and hindered by a complex and often intimidating legal system.
“Our awaiting trial population in our custodial centers has over the years maintained a steady range of 65-80% of the total prison population.
“Our judges still write in longhand, the speed of our justice system is still less than desired, the ACJA is still yet to gain full implementation amongst other challenges.
PPDC’s board chairman Chibuzo Ekwekwuo in his speech said the gathering of distinguished legal minds, policymakers, and civil society representatives is a testament to the shared commitment to promoting and upholding the fundamental right to justice for all Nigerians.
“Access to justice is a cornerstone of a just and equitable society. It is the bedrock upon which the rule of law is built and the foundation for a thriving democracy.
“Without access to justice, individuals are unable to protect their rights, hold those in power accountable, and ensure that the law applies equally to all.
“Effective access to justice is often generally cited as one of the biggest obstacles to the realization of human rights.
“There is obvious social and economic inequality in Nigeria. The fundamental essentials of existence, including food, shelter, health care, water, land, and a means of subsistence, are often denied to many ordinary citizens and residents, who also typically have less access to education and the state’s protection. “Although legal assistance or free legal services are provided for by the 1999 Constitution and provided in some measure by the Legal Aid Council, many if not most citizens or residents, especially the poor and disadvantaged, nevertheless believe that access to justice does not exist for them.
“According to Nigeria’s 1999 Constitution, Section 46(4), the National Assembly must pass laws to provide financial aid to any impoverished citizen whose fundamental rights have been violated in order for them to be able to hire a lawyer. The budget for this organization, despite its existence, is insufficient to meet the demands of the populace.¹
In Nigeria, we have made significant strides in expanding access to justice. The enactment of the Administration of Criminal Justice Act, 2015, establishment of legal aid clinics, the expansion of pro bono services, and the recent adoption of innovative technologies have all contributed to making justice more accessible to more people.
“However, there are still challenges in accessing justice in Nigeria. These challenges include normative legal protection, legal awareness, legal aid and counsel, adjudication, enforcement and civil society oversight amongst others². There has been a sustained struggle for the protection of the human rights of individuals, groups and communities in Nigeria³.
We must therefore acknowledge that there is still much work to be done. Too many Nigerians remain unaware of their rights, unable to afford legal representation, and hindered by a complex and often intimidating legal system.
“Our awaiting trial population in our custodial centers has over the years maintained a steady range of 65-80% of the total prison population.
“Our judges still write in longhand, the speed of our justice system is still less than desired, the ACJA is still yet to gain full implementation amongst other challenges.
Judiciary
Kogi Guber: Tribunal upholds Ododo’s victory, dismisses Ajaka’s Petition

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.
Judiciary
Obi tackles Judiciary over dwindling fortunes

***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.
Judiciary
Bill to review emoluments of judicial officers passes second reading at Senate

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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