
January 6, 2015
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- Law News
2014 has come and gone but not without remarkable events that shaped it within the Nigerian legal circle. The judicial system, like other institutions, had its own baggage of mixed fortunes.
Activities in the year under review began on Janyary 6, 2014 when an explosion rocked the premises of the Rivers State High Court, Ahoda. No casualty was recorded in the blast, but the Nigerian Bar Association (NBA) building was partially affected in the incident.
The court was to have heard the application by the factional Speaker of Rivers State House of Assembly, Evans Bipi for the vacation of an interim order granted by the court, restraining him from parading himself as Speaker.
Following the intervention of the anti-bomb squad of the Police, a second blast was averted. The police achieved the feat by isolating the second device, which was concealed in a black cellophane bag.
At the same time, a fire incident at another River State High Court, Okehi, the same day affected the judge’s office. Some documents and furniture were also destroyed in the fire.
A day after the incident, President Goodluck Jonathan on January 7, 2014 signed the Same-Sex Marriage Prohibition Bill into law.
The law was earlier passed by the National Assembly in December 17, 2013 but the presidency delayed the signing until that date. The law says: “A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years.”
Anyone convicted of entering into a same-sex marriage contract or civil union faces up to 14 years of imprisonment.
The Same-Sex Marriage Prohibition Law prohibits homosexuals from meeting in groups of two or more. It also bans marriage or civil unions between people of the same sex, and criminalises gay clubs, events and shows of same-sex public affection.
This law sparked an international outrage. While the international communities, especially the US and some Europeans countries condemned the law and mounted pressure on the federal government to jettison the law, Nigerian locals hailed the law. Both Christians and Muslims abhor same-sex act.
Despite these condemnation by the US and others, an Islamic court in Bauchi State put eleven Muslim men on trial over accusation of being homosexuals.
In something that looks like a clear departure from the norm, the National Judicial Council, (NJC) on February 26, found two high court justices (Justices Gladys Olotu of the Federal High Court and Justice U. A. Inyang of High Court of Justice of the Federal Capital Territory, Abuja) guilty of judicial misconduct and asked them to vacate their various offices.
Consequently, NJC in a letter it wrote to President Jonathan, advised that the two justices should not be allowed to adjudicate in any court in the country, stressing that pursuant to its findings, they ought not to sit on the Bench.
As a result, the president authorised their removal. Olotu is still challenging her removal in court.
Another issue that came up was when former Governor of the Central Bank of Nigeria, Sanusi Lamido Sanusi, was licked out of office by President Jonathan. Unhappy with that development, Sanusi on February 25, went before a Federal High Court, Abuja to challenge the powers of the President to suspend him from office.
In the suit, which he filed through a consortium of lawyers led by a Senior Advocate of Nigeria, SAN, Chief Kola Awodein, Sanusi told the high court that his purported suspension was as a result of some the alarm he raised on discovering discrepancies in respect of amounts repatriated to the federation account from the proceed of crude oil sales between the period of January 2012 and July 2013.
In an effort to ease the perfection of bail conditions for suspects awaiting trial, the Lagos judiciary in June introduced Bondsmen as surety.
Lagos Attorney-General described a bondsmen as an individual or corporate body who has been licensed by the Chief Judge to carry on the business of standing surety for a defendant(s) under a legal bond.
The same month, specifically, June 26, five newly appointed judges were sworn in by Oyo State Governor, Abiola Ajimobi.
On a sad note, the foremost labour lawyer and rights activist, Bamidele Aturu, died on July 9. He was billed to attend the Nigerian Union of Teachers (NUT) delegate conference in Uyo, Akwa Ibom State, and was said to have taken ill while on transit. He gave up the ghost while being rushed to hospital.
After several efforts made by the elderly lawyers in the South West legal profession known as Egbe Amofin to produce one candidate who will represent it in the NBA general election failed to bear fruit, Mr Augustine Alegeh SAN emerged as the (NBA) president on July 15.
Alegeh, polled 691 votes to defeat four other candidates in the election. Mr. Oladele Adeshina (SAN), polled 370 votes, Mrs. Olufunke Adekoya (SAN) polled 255 votes, Chief Adeniyi Akintola (SAN),126 votes and Mr. Osas Erhabor ,17 votes.
Three of the votes were invalid.
After three years at the helm of affairs of the Lagos State judiciary as the Chief Judge, Justice Ayotunde Phillips bowed out from the bench on July 26 after attaining the mandatory 65 years retirement age.
Following her retirement, her sister, Justice Oluwafunmilayo Atilade was sworn in as the 15th chief judge of Lagos State.
On August 21, President Goodluck Jonathan received the final report of the Justice Idris Kutigi led 2014 National Conference.
Despite the challenges posed by the threat of the Ebola epidemic, thousands of Nigerian lawyers converged in the Imo State capital, Owerri for the 2014 Annual General Conference of the Nigerian Bar Association between August 24 and 29.
The leadership of the NBA were under serious pressure to cancel or postpone the conference on account of the imminent danger of the spread of the deadly Ebola virus. But the conference went as planned and no Ebola incident occured.
On September 22, 17 lawyers were honoured by the Legal Practitioners Privileges Committee (LPPC) with the award of Senior Advocate of Nigeria and the then Chief Justice of Nigeria, Justice Aloma Mukhtar inducted them.
Three days later, in September 25 the sanctity of the judicial arm of government in Ekit State was violated, as political thugs invaded the Ekiti State High Court premises, beating up a high court judge and tearing his suit.
This prompted the Chief Judge, Justice A.S. Daramola to order immediate closure of all courts in Ekiti State until adequate security was put in place.
The assault was said to have taken place at the hearing of an application filed by Ekiti State wing of All Progressives Congress (APC), seeking nullification of the election that produced the then governor-elect, Mr. Ayo Fayose.
Lagos State Government on September 26 constituted a Coroner Inquest to unravel the cause of the collapsed building belonging to the Synagogue Church of All Nations (SCOAN) at Ikotun-Egbe, Lagos. Over 100 lives were lost in the incident, most of them foreigners.
The state Attorney-General and Commissioner for Justice, Mr. Ade Ipaye who constituted the Coroner court in line with the provisions of the Lagos State Coroner’s System Law No. 7 of 2007, said it will investigate the cause and circumstances of deaths and bring its findings and recommendations to the appropriate authorities.
The immediate past president of the NBA, Mr. Okey Wali (SAN) who was abducted by kidnappers in Port Harcourt on October 11 was released after 12 days in kidnappers’ captivity. Wali was freed by his abductors at about 11p.m. on Thursday, October 23.
The Chief Justice of Nigeria, (CJN), Justice Maryam Aloma Mukhtar on November 20 bowed out of office following her attainment of the retirement age of 70 years.
Her successor, Justice Mahmud Mohammed was sworn into office November 21 as the new CJN following his confirmation by the Senate as required by the law.
At a valeditory session held at the Supreme Court in her honor, the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), poured encomiums on Justice Mukhtar and eulogized her commitment to constitutionalism, rule of law and democratic ethos and charged political gladiators to play by the rules, eschew bitterness and undue heating up of the polity.
During the last month of the year, precisely December 17, a General Court Martial sitting at the Army Headquarters Garrison in Abuja sentenced 54 soldiers to death after finding them guilty of mutiny.
The 59 soldiers were on trial on a two-count charge of criminal conspiracy to commit mutiny and mutiny. Four of them were however acquitted.
Nigeria was also endangered in sports and risked the world football governing body (FIFA) ban after a court ruled that elections that ushered in Delta FA chairman Amaju Pinnick as president of the Nigeria Football Federation (NFF) were illegal.
FIFA have warned that should anything hinder the newly-elected NFF executive committee led by Pinnick from operating, they will move for an automatic ban for the country till the next FIFA congress.
To wrap up the year, the court of Appeal, Lagos division in a cheery note for the former Managing Director of Intercontinental Bank Plc, Dr. Erastus Akingbola on December 31 quashed the 22 count charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Expressing his view about judicial performance in the year under review, Dr. Babatunde Ajibade (SAN) said it was a good year for the judiciary. According to him, the immediate past CJN, Justice Aloma Muhktar did well.
“I think the judiciary witnessed much higher degree of discipline among the judges, and that is a positive development because we talk a lot about inefficiency in the legal system, delay in the delivery of justice and an so on.
“I am very hopeful that the current CJN will be able to continue with all Justice Aloma left off. The year 2014 was a good year for the judiciary by and large”, he declared.
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