SUNDAY EJIKE takes a have a look at the happenings within the nation’s judiciary and a few landmark judgments previously 12 months.
The 12 months 2023 began with campaigns for elections into the places of work of President, governors, members of the Nationwide and State Homes of Meeting. Because it has been the traits of election 12 months, the courts are flooded with pre-election issues. There are many landmark judgments and rulings that emanated from the trial courts, the varied divisions of the Courts of Enchantment in addition to the Supreme Courtroom. Election issues, being time-bound in nature get the eye of all of the courts, leaving civil and prison issues to linger unnecessarily within the docket of the courts.
Within the 12 months, 2023, the apex courtroom of the land couldn’t get the complete complement of 21 Justices on its Bench as a result of deaths of some Justices and retirement of some, after attaining the necessary retirement age of 70 years. Be that as it could, the Supreme Courtroom made considerable progress within the appeals introduced earlier than it. The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, whereas addressing a particular courtroom session organised to formally herald the 2023/2024 authorized 12 months of the Supreme Courtroom of Nigeria and the swearing in of 58 legal professionals conferred with the distinguished rank of Senior Advocate of Nigeria (SAN), stated, all of the tribunals throughout the nation delivered judgments throughout the time permitted by the Electoral Act and allied subsisting legislations. In accordance with the CJN, a complete of 1,271 issues, comprising motions and appeals have been filed on the Supreme Courtroom between September 12, 2022 and July 11, 2023, out of which 388 political appeals, 215 prison appeals, and 464 civil appeals have been heard.
Equally, the courtroom thought-about a complete of 49 prison motions, 153 civil motions, and two political motions. Between the September 30, 2022 and the July 11, 2023, the Supreme Courtroom delivered 251 judgments. Out of those, 125 have been political appeals, 81 have been civil appeals and 45 have been prison appeals. Throughout the interval beneath evaluate, 91 rulings have been delivered by the apex Courtroom, a growth, the CJN stated: “To a really massive extent, I’ll confidently say that this score-card is spectacular, fascinating and considerable in view of the disagreeable occasions that dotted the authorized 12 months, particularly the attenuating variety of Justices on the Supreme Courtroom Bench, which has to do with some challenges that might not simply be surmounted by one arm of presidency alone.”
Justice Ariwoola, who will bow out of service earlier than his retirement subsequent 12 months stated, the independence of the judiciary have to be given sufficient statutory safety, not simply on the federal stage alone however equally on the State stage. He added that the rule of regulation and the holistic independence of the judiciary ought to all the time be cherished by all and promised do every part inside his means to make it stay a part of his duty to nourish.
“The judiciary, as it’s at this time, is extra deserving of public belief and confidence than ever earlier than; and we’re poised to reposition it for efficient justice supply to make our beloved nation a vacation spot of notice within the observance of the rule of regulation and tenets of constitutionalism,” he stated.
His promise that the Supreme Courtroom of Nigeria will quickly get the constitutionally-prescribed full complement of 21 Justices got here to fruition just lately following the advice by the Nationwide Judicial Fee (NJC) of 11 Justices of the Courtroom of Enchantment for appointment into the Bench of the Supreme Courtroom. The Justices, who have been cleared by the Nationwide Meeting just lately await swearing in by the CJN.
In the identical vein, the Federal Excessive Courtroom, within the final authorized 12 months had 15, 025 filed earlier than it by litigants out of which 12, 870 have been successfully disposed off leaving a steadiness of two, 155 circumstances nonetheless on floor. The courtroom carried over 142, 755 circumstances from 2021 to 2022 authorized 12 months. In 2023 authorized 12 months alone, 15, 025 contemporary circumstances have been filed by numerous classes of litigants. Checks revealed that the courtroom could be going into the brand new authorized 12 months with the 144, 910 fits. The breakdown of the carry over circumstances confirmed that 42, 784 are civil circumstances, 36, 061 prison issues, 41, 447 are motions whereas 24, 618 are Basic Rights Enforcement fits.
At a particular courtroom session of the Courtroom of Enchantment held in September to mark the graduation of its 2023/2024 authorized 12 months, The President of the Courtroom, Justice Monica Dongban-Mensem disclosed that over 39, 526 appeals are at the moment pending earlier than the courtroom. The majority of the circumstances, which have been filed in 20 Divisions of the Courtroom, bordered on electoral disputes.
The implication is that industrial issues are tied down in our Courts. Industrial disputes and land issues which when decide in good time might create jobs and launch money movement into the economic system are tied down in Courtroom Registries.
It could be recalled that, after the 2023 normal election, 98 panels have been constituted throughout the varied tribunals tasked with the duty to deal with 1, 209 petitions that have been filed. Amongst these petitions, 5 have been directed on the Presidential Election Petition Courtroom (PEPC), 147 for the senatorial election, 417 for the Home of Representatives, 557 related to the State Homes of Meeting, whereas 83 have been on gubernatorial elections. 28 states participated within the governorship elections, and petitions have been filed in 24 states. Whereas, a complete of seven,295 appeals and three,665 Motions have been filed earlier than the courtroom throughout the 2022/2023 authorized 12 months, 3,765 of them have been decided whereas 5,617 motions have been disposed of. Whereas 1,030 of those Appeals have been dismissed and 10,381 have been allowed, the Courtroom nonetheless has a complete of 39,526 Appeals pending as at August 31, 2023.
There isn’t a doubt that the judiciary was within the eyes of Nigerians all through 2023, in all probability as a result of it was an election 12 months and its roles within the democracy of the nation, being the ultimate “bus-stop” in election disputes. The primary landmark judgment to notice is the judgement of the Presidential Election Petition Courtroom (PEPC) and the Supreme Courtroom on the 2023 election which held in February 28. The PEPC, which was arrange by the President of the Courtroom of Enchantment, Justice Monica Dongban-Mensem in accordance with the regulation, on September 6, dismissed petitions introduced earlier than it by the Peoples Democratic Social gathering (PDP), its presidential candidate, Alhaji Atiku Abubakar and the candidate of the Labour Social gathering (LP), Mr Peter Obi, his occasion and the petition by the Allied Peoples Motion (APM) difficult the declaration of Bola Tinubu because the winner of the presidential election. The five-member panel of Justices of the PEPC, led by Justice Haruna Tsammani had, within the judgement, affirmed the election of Tinubu. The next appeals on the Supreme Courtroom solidified Tinubu’s election victory, because the apex courtroom affirmed the judgement of the PEPC.
Judgments within the Gubernatorial and Nationwide Meeting Election Petitions and Appeals have been one other spherical of landmark judgments to notice. Many appeals from gubernatorial and nationwide meeting elections emerged. Courtroom choices upheld victories for some politicians whereas others, awaited the Supreme Courtroom’s closing judgment. The treason cost slammed in opposition to the chief of the proscribed Indigenous Individuals of Biafra (IPOB), Nnamdi Kanu gripped the nation. The Supreme Courtroom in its judgment reversed an earlier judgment and ordered Kanu to face trial on treasonable fees earlier than the Federal Excessive Courtroom in Abuja.
The apex courtroom, within the judgement agreed that the IPOB chief was unlawfully renditioned into the nation from Kenya and held that, his trial can’t be terminated on the energy of that. The judgement prompted widespread consideration and discussions. The Federal Excessive Courtroom on its half had, in a landmark judgment in July, ordered the disclosure of the spending particulars of about USD$5 billion Abacha loot by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari. The courtroom ordered the federal government of Nigeria President to “disclose the precise amount of cash stolen by Common Sani Abacha from Nigeria, and the overall quantity of Abacha loot recovered and all agreements signed on identical by the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”
The judgment was delivered by Justice James Kolawole Omotosho following a Freedom of Data go well with quantity: FHC/ABJ/CS/407/2020, introduced by the Socio-Financial Rights and Accountability Undertaking (SERAP). In his judgment, Justice Omotosho held that “Within the closing evaluation, the appliance by SERAP is meritorious and the Federal Authorities by means of the Ministry of Finance is hereby ordered to furnish SERAP with the complete spending particulars of about $5bn Abacha loot inside seven days of this judgment.” Justice Omotosho ordered the federal government to “disclose particulars of the initiatives executed with the Abacha loot, areas of any such initiatives and the names of corporations and contractors that carried or finishing up the initiatives because the return of democracy in 1999 until date.”
In December, a Federal Excessive Courtroom in Abuja convicted and sentenced 4 Boko Haram financiers. They’re Modu Aisami, Zana Zarama, Umar Mohammed and Bunu Kame.
The prosecution, led by the Legal professional Common of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), secured their convictions after their separate arraignments earlier than Justice Binta Nyako and Justice Emeka Nwite.
The defendants pleaded responsible to the fees and begged the courtroom for leniency. Whereas some have been sentenced to twenty years imprisonment, others bagged ten years jail time period for offering funds for the terrorist group by shopping for meals merchandise from the group, having cheap grounds to imagine that the proceed can be used to commit a terrorist act subsequently dedicated an offence opposite to Part 13(1)(a)(ii) of the Terrorism Provision Modification Act, 2013.
One vital judicial ruling was the extension of the lifespan of the N1000, N500 and N200 notes that have been redesigned in the course of the reign of President Buhari. The choice of the apex courtroom, which adopted the request by the Federal Authorities attracted nationwide curiosity. The Supreme Courtroom’s directive, in its judgment, prolonged the coexistence of previous and new notes, assuaging issues of foreign money shortage and guaranteeing a smoother transition interval. A seven-member panel of Justices of the apex courtroom, led by Justice John Okoro, ordered that the previous notes stay authorized tender till crucial amenities are put in place for his or her alternative. Because of this the previous notes, shall co-exist as authorized tender with the brand new/redesigned ones.
Additionally of notice is the judgement of the Courtroom of Enchantment, setting apart the October 9 judgment given by Justice Donatus Okorowo of the Federal Excessive Courtroom, Abuja nullifying the nomination of Timipre Sylva because the candidate of the All Progressives Congress (APC) within the November 11, Bayelsa State governorship election. A 3-member panel of the appellate courtroom held, in a judgment that the trial courtroom lacked the jurisdiction to have heard and decided the case filed by Demesuoyefa Kolomo, who described himself as a registered voter and member of the APC. The courtroom held that having not been an aspirant, who participated in APC’s governorship main, Kolomo lacked the locus standi to strategy the courtroom to problem the nomination of the occasion’s candidate. It proceeded to put aside the Federal Excessive Courtroom judgment, allowed the attraction filed by Sylva and granted all of the reliefs sought. The courtroom additionally awarded N1 million price in favour of Sylva.
The on-going trial of former Governor of the Central Financial institution of Nigeria (CBN), Godwin Emefiele earlier than an Abuja Excessive Courtroom is among the pending excessive profile circumstances in 2023. Emefiele was placed on trial by the Federal Authorities by means of the Financial and Monetary Crimes Fee (EFCC) on six counts, bordering on alleged breach of procurement process within the award of the contract. The ex-CBN chief was accused of conferring corrupt benefits on a employees of CBN, Mrs Saadat Ramallan Yaro by means of awards of car provide contracts value over N1.2 billion opposite to part 19 of the Corrupt Practices and different Associated Offences Act 2000. Emefiele, who had denied the six-count prison fees, has been granted bail by the courtroom.
The AGF and Justice Minister, Fagbemi (SAN) had, in an occasion in Abuja expressed the readiness of the administration of Nigeria President to implement judicial reforms with the cooperation of the judiciary. The Chief Legislation Officer of the nation stated the Federal Authorities is ready for the judiciary to set the ball rolling to allow the opposite arms play their half within the crucial facet of nation constructing. So, fairly quite a few excessive profile circumstances can be on the entrance burner within the new 12 months, 2024.