“Persecondnews revisits notable milestones that have impacted the Judiciary, underscoring its vital function in law interpretation and upholding justice.”
The year 2024 has been a game-changer for Nigeria’s judicial history, marked by significant power shifts and groundbreaking court decisions that underscored the judiciary’s vital role in shaping the nation’s legal framework. As 2024 draws to a close, Persecondnews takes a step back to review the major events that left an indelible mark on Nigeria’s Judiciary.
Swearing-In of 22 Appeal Court judges by CJN
Former Chief Justice of Nigeria(CJN), Justice Olukayode Ariwoola, sworn in 22 new justices for the Court of Appeal on July 10, 2024 just before his retirement, the highest figure in recent years.
The swearing-in ceremony of another 12 new judges of the High Court of the Federal Capital Territory (FCT), marked a significant milestone in Nigeria’s judicial system.
Chief Justice Olukayode Ariwoola emphasized the importance of integrity, impartiality, and transparency in their decision-making, urging them to deliver justice without fear or favour.
Ariwoola charged the new judges to render verdicts based solely on the law, untainted by personal biases or emotions.
He reminded them that their new roles come with increased responsibility to uphold the highest standards of judicial integrity and also tasked them to discharge their duties in accordance with the country’s Constitution.
The new Justices are: Abdullahi Muhammad Liman from Nasarawa State; Abiodun Azeem Akinyemi from Ogun State; Olukayode Adegbola Adeniyi from Oyo State; Zainab Bage Abubakar from Kebbi State; Isaq Mohammed Sani from Kaduna State; Lateef Babajide Lawal-Akapo from Lagos State; and Ngozika U. Okaisabor from Imo State respectively.
Others are Ruqayat Oremei Ayoola from Kogi State; Polycarp Terna Kwahar from Benue State; Fadawa Umaru from Borno State; Oyewumi Oyejoju Oyebiola from Oyo State; Ntong Festus Ntong from Akwa Ibom State; Nehizena Idemudia Afolabi from Edo State; and Nnamdi Okwy Dimgba from Abia State.
The rest are Abdu Dogo from Federal Capital Territory, Abuja; Abdulazeez M. Anka from Zamfara State; Owibunkeonye Onwosi from Ebonyi State; Asma’u Akanbi-Yusuf from Kwara State; Victoria Toochukwu Nwoye from Anambra State; and Enenche Eleojo from Kogi State.
Those sworn in as judges of the FCT High Court are: Buetnaan Mandy Bassi from Plateau State; Ademuyiwa Olakunle Oyeyipo from Kwara State; Bamodu Odunayo Olutomi from Lagos State; Iheabunike Anumaenwe Godwin from Imo State; Odo Celestine Obinna from Enugu State; and Hauwa Lawal Gummi from Zamfara State, respectively.
Others are: Sarah Benjamin Inesu Avoh from Bayelsa State; Maryam Iye Yusuf from Kogi State; Ariwoola Oluwakemi Victoria from Oyo State; Lesley Nkesi Belema Wike from Rivers State; Ibrahim Tanko Munirat from Bauchi State; and Abdulrahman Usman from Taraba State.
Supreme Court Grants Financial Autonomy To Nigeria’s 774 Local Governments
The Supreme Court of Nigeria made a groundbreaking decision on July 11, 2024, granting the country’s 774 local government areas full financial autonomy. This landmark ruling enables local governments to manage their finances independently, free from state interference.
A seven-man panel of the Supreme Court, led by Justice Emmanuel Agim, delivered the judgment, which was a result of a suit initially heard on June 13, 2024.
The court’s decision upholds the constitutionality of local government autonomy, allowing them to receive financial allocations directly from the federal government.
This ruling is a significant milestone in Nigeria’s journey towards decentralization and grassroots development. It is expected to boost local governance, promote transparency, and accelerate development at the local level.
The suit, marked SC/CV/343/2024, was filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), and sought full autonomy and direct fund allocation to the 774 local government areas in the country.
Fagbemi requested the Supreme Court to order that funds for LGAs managed by caretaker committees appointed by governors, rather than elected chairmen and councillors, be withheld.
However, the 36 state governors, represented by their attorneys general, opposed the suit on various grounds, including their argument that the Supreme Court lacks jurisdiction to hear the case.
In its ruling, the Supreme Court ordered that full financial autonomy be granted to the LGAs, recognizing them as an independent segment of the federation.
In the ruling delivered by Justice Emmanuel Agim, the Court criticized the longstanding denial by state governments of financial autonomy to local governments.
Justice Agim emphasized that the 774 local government councils across the country should independently handle their finances.
He stressed that these funds are meant solely for democratically elected local government administrations, not caretaker committees, dismissing the defendants’ (state governors) preliminary objections.
In addition, the court mandated that allocations from the Federation Account intended for local governments must be directly paid to them henceforth, bypassing state government coffers.
Justice Agim said that the withholding of funds by state governors disrupts the operations of local governments and therefore, ordered immediate compliance with the judgement, emphasizing that state governments are prohibited from receiving funds allocated for local governments.
NBA 2024 Election
The Nigerian Bar Association(NBA) held its 2024 election on July 20, 2024, and Mazi Afam Osigwe, a distinguished Senior Advocate of Nigeria (SAN) and former General Secretary of the NBA, emerged as the winner polling 50.52% of the votes.
The voting began at 12am on Saturday and ended at 1.59pm with the live results for all positions displayed real-time on https://go.ecnba.org/results/.
Osigwe secured 20,395 votes, defeating his closest rival and chairman of the NBA Institute of Continuing Legal Education Governing Council, Mr. Tobenna Erojikwe, who scored 10,970 votes while former chairman of NBA Lagos Branch, Mr. Chukwuka Ikwuazom(SAN), got 9,007 votes.
LPPC Elevates 87 Lawyers To SAN Rank
The Legal Practitioners’ Privileges Committee, led by Justice Olukayode Ariwoola, conferred the prestigious rank of Senior Advocate of Nigeria on 87 distinguished legal practitioners during its 164th plenary session on August 1, 2024.
This elevation is a significant honour in the Nigerian legal profession, awarded to distinguished lawyers who have shown exceptional skill and dedication, both as advocates and academics.
Hajo Sarki Bello, the Chief Registrar of the Supreme Court of Nigeria and Secretary of the Legal Practitioners’ Privileges Committee (LPPC), announced the appointment, highlighting the exceptional standards demonstrated by the appointees.
He added that the LPPC reviewed five petitions against some of the applicants, but found them lacking in merit and subsequently dismissed them.
On Monday, September 30, 2024, Justice Kudirat Kekere-Ekun, the newly sworn-in Chief Justice of Nigeria, administered the oaths of office on them.
CJN Ariwoola Retires
Justice Olukayode Ariwoola, the 22nd officially retired from service after reaching the mandatory retirement age of 70 on August 22, 2024.
His retirement marked the end of a distinguished career spanning over four decades, including 13 years at the Supreme Court and two years as the CJN.
His valedictory court session was held at the Supreme Court in Abuja.
Ariwola took office as the acting CJN on 27 June 2022.
Ariwola’s appointment, initially as the acting CJN, followed the abrupt resignation of his predecessor, Tanko Muhammad, on health grounds.
The event was attended by notable figures, including Vice President Kashim Shettima, the Minister of the Federal Capital Territory, Mr. Nyesom Wike, Justice Kudirat Kekere-Ekun, judges of the Supreme Court and other courts, among others.
Tinubu Swears In Kekere-Ekun As Second Female CJN
President Bola Tinubu swore in Justice Kudirat Kekere-Ekun as the 23rd substantive Chief Justice of Nigeria on Monday, September 30, at the Council Chambers of the State House.
The swearing-in ceremony followed her confirmation by the upper chamber of the National Assembly.
The ceremony was witnessed by four of Kekere-Ekun’s predecessors, including Justice Alooma Muktar, Justice Mahmud Mohammed, Justice Walter Onnoghen and Justice Olukayode Ariwoola.
President Tinubu underscored the pivotal role of the judiciary in safeguarding Nigeria’s constitutional democracy.
He reiterated his government’s dedication to improving judicial officers’ welfare and working conditions, noting recent decisions to enhance their effectiveness in administering justice.
The President urged Justice Kekere-Ekun to continue upholding the principles of ethical leadership, fearlessness, and honesty that have defined her career.
Alleged assault: Rep. Alex Ikwechegh Granted ₦500,000 Bail
A Kuje Magistrates’ Court granted N500,000 bail to Rep. Alex Ikwechegh (APGA- Aba North and South in the House of Representatives), on Wednesday, October 30 over alleged assault.
A viral video had earlier surfaced on social media, capturing Ikweaegh allegedly assaulting a Bolt driver, Mr. Stephen Abuwatseya, at his Abuja residence.
Ikwechegh was seen repeatedly slapping and threatening the driver for asking him to come out and take delivery of what he had ordered.
He was arraigned on a three-count charge of abuse of office, assault, and threat to life pressed against him by the Inspector General of Police.
The lawmaker, however, denied the charges.
After taking his plea, Ikwechegh’s counsel made an oral bail application, which Magistrate Abubakar Umar Sai’id granted with specific conditions.
“Bail is set at N500,000, with two sureties in the same amount. Sureties must reside within the court’s jurisdiction and provide utility bills as proof of residence,” the magistrate ruled.
Appeal Court Acquits Ex-CJN Onnoghen
After several years of trial, the Court of Appeal, in a landmark judgment, discharged and acquitted former Chief Justice of Nigeria, Justice Walter Onnoghen, on November 4, 2024, overturning his 2019 conviction on charges of false asset declaration.
This decision followed an out-of-court settlement/agreement between Onnoghen and the Federal Government, which was reached on October 4, 2024.
A three-man panel led by Justice Mohammed Bello handed down the judgment.
Persecondnews recalls that the former CJN was suspended by former President Muhammadu Buhari’s administration and was eventually relieved of his post in an unceremonious manner.
Making a remark after the court victory, Onnoghen’s lawyers, Mr. Adegboyega Awomolo (SAN) and Mr. Ogwu James Onoja (SAN) thanked President Tinubu and the Attorney General of the Federation AGF for ensuring the resolutions of the issue.
Court Terminates Treason Charges Against #EndBadGovernance Protesters
Following a national outage, a Federal High Court sitting in Abuja on November 5 struck out the treason charge brought against some minors arraigned by the Inspector General of Police(IGP) for participating in the August #EndBadGovernance protest.
Justice Obiora Egwuatu struck out the charges after the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi(SAN) withdrew the charges on behalf of the federal government.
The AGF, represented by the Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar had, at the proceedings, announced his exercise of Sections 174(1), (b), and (c) of the 1999 Constitution (as amended) and 108 of the Administration of Criminal Justice Act (ACJA), 2015 to take over the case from the IGP.
Upon granting of the request by Justice Egwuatu, the AGF proceeded to request invocation of the same section of the Constitution to discontinue the trial of the accused persons.
Following a no-objection to the request from various lawyers representing the accused persons, Justice Egwuatu granted the request and struck out the charges against the #EndBadGovernance protesters.
Although, the accused persons were not in court, the judge ordered their immediate release from the prison custody.
The protesters were arraigned on a 10-count charge, bordering on treasonable felony, rioting, destruction of public property, assaulting security officials and looting among others, to which they pleaded not guilty to.
Persecondnews recalls that Justice Egwuatu in the last court sitting, admitted the 114 arraigned #EndBadGovernance protesters to a N10 million bail each, with two sureties each in the same amount.
Earlier before the proceedings commenced, there was a drama in the courtroom as four of the minors looking very malnourished slumped as they approached the dock for arraignment with their lawyers rushing to provide aid.
The arraignment of the protesters on charges bordering on treason, attracted condemnation by lawyers, some well meaning Nigerians and groups which triggered President Tinubu’s order to release them from prisons.
NJC Hammers Erring Judges
The National Judicial Council(NJC) under the Chairmanship of the CJN, Justice Kudirat Kekere-Ekun, at its 107th Meeting of 13 and 14 November 2024, sanctioned 5 serving judicial officers for various acts of misconduct.
The NJC suspended Hon. Justice G. C. Aguma of Rivers State High Court and Hon. Justice A. O. Nwabunike of Anambra State High Court from performing judicial functions for one year without pay.
Both judges were also placed on a “Watch-List” for two years thereafter, following the Council’s 107th meeting chaired by Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun.
The Council also recommended two Heads of Court for compulsory retirement over falsification of age.
The duo of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi, was recommended for compulsory retirement for falsification of their ages.
The Council equally considered the Report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, empanelled 6 Committees for further investigation.
While 22 were dismissed for lacking in merit, two were sub judice.
Supreme Court Dismisses States’ Suit Challenging Legality Of EFCC
Also, the Apex Court dismissed a suit filed by 16 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Establishment Act on November 15, reaffirming the commission’s legitimacy.
Justin Uwani Abba-Aji, who led a seven-member panel of justices, ruled that: “the EFCC Act, which is not a treaty but a convention, does not need the ratification of the houses of assembly”.
The suit, initially filed by the Kogi state government, was joined by 15 states.
Days after that followed, six states: Adamawa, Ebonyi, Anambra, Jigawa, Benue and Enugu withdrew from the suit.
The states argued that the national assembly failed to adhere to section 12 of the 1999 constitution (as amended), which governs the incorporation of international treaties into domestic law, in the enactment of the EFCC Act.
They further maintained that domesticating a convention requires the approval of a majority of the state houses of assembly based on the provisions of section 12 of the constitution.
They added that the procedure for domesticating the convention was bypassed in the process of passing the EFCC Act and similar laws.
The seven-member panel of justices dismissed the suit for lacking in merit.
CCB Chair, Umar Danladi, Booted Out
In the outgoing year, the House of Representatives removed Danladi Umar as chairman of the Code of Conduct Tribunal (CCT) on Tuesday, November 26, citing misconduct and his inability to effectively lead the tribunal.
During its plenary, the House invoked paragraph 17 (3), part 1, fifth schedule of the 1999 constitution as amended, and section 22(3) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004.
The house drew attention to the conduct of the CCT Chairman, who recently engaged in a public brawl with a security guard at the Banex Plaza Shopping Complex, Abuja, necessitating an invitation from the Senate Committee on Ethics, Code of Conduct, and Public Petitions.
Yahaya Bello vs EFCC
After several months of going into hiding and evading arrest, former Kogi State governor, Yahaya Bello, was finally arraigned at the Federal High Court in Abuja for alleged money laundering to the tune of N80.2 billion.
He has shunned a series of court summonses to appear for arraignment since April 2024.
In late September, the EFCC filed fresh corruption charges against Bello at the FCT High Court.
The EFCC, in the new charges, accused Bello of diverting more than N110 billion from the Kogi State Government’s treasury while he was governor for eight years.
On 18 September, Bello, accompanied by his successor Governor Ododo, made a dramatic, controversial attempt to surrender himself at EFCC’s headquarters in Abuja.
The EFCC refused to arrest him and instead attempted, on the same day, to apprehend him at the Kogi State Government Lodge in Asokoro, Abuja, where he was being sheltered by Governor Ododo.
The encounter resulted in hour-long shootout following a confrontation that reportedly ensued between EFCC operatives and the governor’s security details with Bello escaping from the scene in Mr Ododo’s convoy.
He, however, voluntarily surrendered himself to the EFCC on Tuesday, November 26.
Justice Maryann Anenih of the Federal High Court in Abuja granted Yahaya Bello N500 million bail with three sureties each valued at N500 million, on December 19, in the N110 billion money laundering charge.
Also on December 13, Justice Emeka Nwite of the Federal High Court in Abuja granted Bello bail in the sum of N500 million with two sureties over another N80.2 billion fraud case.
He was released from the Kuje Minimum Custodial Centre in Abuja on December 20, after fulfilling the bail conditions set by the Federal High Court in Abuja.
Farotimi vs Afe Babalola: A defamation saga
Dele Farotimi, a prominent human rights lawyer and activist, was arrested in Lagos on Tuesday, December 3, by police from Ekiti State and ferried to the state by road for arraignment at an Ado Ekiti State Magistrates’ Court on Wednesday, December 4, at about 10:25 am.
He was arraigned on a 16-count charge bordering on defamation of character against Chief Afe Babalola( SAN), founder of Afe Babalola University, Ado Ekiti.
The charge stems from allegations made in Farotimi’s book, “Nigeria and its Criminal Justice System,” where he claimed that Babalola had compromised the Supreme Court.
Justice Babs Kuewumi of the Federal High Court in Ado Ekiti granted him a N50 million bail with one surety on Monday, December 9, in a 12-count charge of cybercrime filed by the Inspector General of Police.
In a separate development, Magistrate Abayomi Adeosun of the Ado Ekiti Magistrate’s Court also granted Dele Farotimi bail in the sum of N30 million on December 20.
Under the bail conditions, Farotimi is to provide two sureties, one of whom must be a property owner.
He was also requested to surrender his passport to the court and barred from granting media interviews.
On December 11, Justices Peter Kekemeke and Mufutau Adegbola of the High Courts of the Federal Capital Territory, Abuja, and Oyo State respectively issued interim orders halting the circulation of Dele Farotimi’s book and directing security agencies to seize all copies.
Just on the eve of Christmas, Farotimi breathed air of freedom as he was released from prison.
Persecondnews recalls that the 2023 presidential candidate of the Labour Party, Mr. Peter Obi, accompanied by an Afenifere chieftain and General Secretary of the Yoruba socio-political group, Chief Olusola Ebiseni, had visited the nonagenarian, Chief Afe Babalola, in Ado Ekiti for his intervention.
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