Connect with us

News

Lawyers Nomination For Supreme Court Sparks Controversy

Published

on

To qualify for appointment to the bench of the Supreme Court of Nigeria, the fellow must be a legal practitioner of not less than 15 years. The same applies to whoever is to be appointed as the Chief Justice of Nigeria.
Section 231 subsection (3) of the 1999 Constitution as amended distinctly states: “A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.”
The above provision opened up the window for any legal practitioner who has practised for not less than 15 years to be appointed as a Justice of the apex court. And that is exactly what the proponents of the argument for the appointment of members of the Bar straight into the Supreme Court capitalised on, in supporting their position.
Just recently, their crusade got the ears of the acting Chief Justice of Nigeria, Walter Onnoghen who wrote to the Nigeria Bar Association (NBA), requesting that it nominates eligible  members of the Bar for consideration into the apex court bench. He also gave them a short notice within which to comply with the notice.
The NBA in response, quickly forwarded names of nine eligible candidates to the acting Chief Justice of Nigeria (CJN) and Chairman Judicial Service Commission (JSC), Justice Onnoghen, for appointment as Justices of the Supreme Court.
According to the NBA, the short-listing followed a rigorous selection process done by a  committee chaired by the president of the NBA, Abubakar Mahmoud (SAN), with eight other eminent lawyers as members.
Among the candidates nominated were former President of the NBA, Dr. Olisa Agbakoba (SAN), Anthony Ikemefuna Idigbe (SAN), Yunus Ustas Usman (SAN), Babatunde Fagbohunlu (SAN), Miannaya Aja Essien (SAN), Awa Uma Kalu (SAN), Professor Awalu Hamish Yadudu, Tajudeen Oladoja and Ayuba Giwa.
The above-mentioned applicants were short-listed from a total of 89 expressions of interest that were scrutinised.But this action has already open up the hornets nest. A group of lawyers led by the octogenarian activist, Pa Tunji Gomez have in protest written to the acting CJN, expressing  their disapproval of the nominations and asking for its cancellation for not following due process.

In the letter, dated February 15 and addressed to the acting CJN, the lawyer said members of the Lagos NBA present at their meeting held on February 13, ‘overwhelmingly opposed the said nomination of lawyers for appointment as Supreme Court Justices.’

According to him, their grouse is that ‘due process’ was not followed in the nomination. They also complained that the procedure used was arbitrary and contrary to established procedure in appointing judges.

“The members present disapprove of the undue haste with which the nomination and recommendation was done. The period of three days given to interested lawyers to indicate their interest in the Supreme Court posts is to say the least, a farce and an unusual and unwarranted haste which to them, portray a predetermined agenda, because the procedure of appointing a High Court judge takes weeks, with full consultation of judges and the Bar for their input in the exercise. How is it then that the nomination of lawyers to the Supreme Court, the apex court in the land was limited to three days,” he queried.

He also argued that the appointment raised vital fundamentally issues affecting the profession and the judiciary. He asked whether such action would not indirectly declare justices of the appeal court as unfit or unknowledgeable enough to be elevated to the apex court?

“This is an unfair, demeaning and unjustifiable treatment of appeal court justices, some of whom have spent decades in the judiciary from high court to the appeal court only to be told that a lawyer who has not held any judicial post is preferable. This is unfair, disheartening and a slur on the efficiency of the court of appeal,” he stated, adding that it might affect their dedication, morale and commitment as there is no guarantee of their promotion to the Supreme Court since lawyers can be appointed from the Bar.

The Bar leader argued that there have only been two of such appointments since independence and that it happened under the military rule as exceptions. To now make it a rule that lawyers should be appointed straight to the Supreme Court, he said, is dangerous to the profession and the judiciary.

“It will create the wrong impression which is inimical to the interest of the profession that any SAN is better than a High Court judge and more knowledgeable, as a judge of the High Court cannot be automatically appointed to the Supreme Court, whereas a SAN can be so appointed if this nomination is allowed to become the order of the day,” he stressed.

Notwithstanding his position and that of his group, some eminent Nigerian lawyers have continued to praise the nomination, saying such is a welcomed development.

The senior lawyers whose views were sought by The Guardian said the development would improve scholarship, legal reasoning and judgments at the apex court and ultimately Nigerian judiciary, adding that the blend of regular Justices with those from the Bar would enrich adjudication at the apex level.

Chief Afe Babalola (SAN), said there’s nothing wrong in the appointment, adding that in Britain, only those who are Queen’s Counsel (QC), an equivalent of SAN are appointed into the high courts.
“Personally, I do not see anything wrong with appointing a practising lawyer into the Supreme Court of this country; there is nothing wrong with it at all. The practice in England is that only Queens Counsel that are appointed as even judges. It is in this country that members of the lower bench like magistrates and so on become judges.
“The reason a seasoned practising lawyer is a better judge is because he has seen it all. He has interacted with the clients and the courts and he knows the courts than a lawyer who left the law school and is appointment a junior magistrate and rises from that position up to the Supreme Court.

“There is no time that such a fellow has interacted with clients as a litigation lawyer. It is the experience and weight of the submissions of a lawyer that makes a judge to write a beautiful judgment. Therefore, if you appoint sound lawyers into the bench, they will always turn out better judges. I have always advocated that we should copy what they are doing in England. Now that they have listened, it’s all well and good,” he stated.

Constitutional lawyer, Sebastine Hon (SAN) said its a good development. “The constitution has provided the minimum qualification for appointment into the Supreme Court bench. Once anybody attains 15 years in active legal practice, together with other requirements, he qualifies. The new hierarchy of the Supreme Court is trying to comply with the provisions of the constitution.
“The appointments will definitely bring a fine blend between establishment justices and the private practitioners who are coming from outside. It will better the cause of justice in my own estimation,” he said.

Prof. Taiwo Osipitan (SAN) said it is the right step in the right direction. According to him, the judiciary has not had it so in a long while after the exit of late Justice Teslim Elias and Augustine Nnamani who were appointed straight from the Bar. “I believe that if their nomination is confirmed and they are appointed into the Supreme Court bench, they will do wonders like the Elias and Nnamani’s of this world. I welcome it wholeheartedly,” he declared.

Similarly, Ilorin based lawyer, Yusuf Ali (SAN) described it as a welcomed development. “It is always good to inject new ideas and perspectives to issues. We are applauding it because it is good for the judiciary and our country in general. Their presence will enrich the apex court, “ he said, adding that because those nominated are men of upright character, they would recuse themselves whenever there are clash of interests without being told.

Continue Reading

News

Fubara Tasks Nigeria’s Surveyor-General On C of O …Says Surveyors’ Role Pivotal In Governance

Published

on

Rivers State Governor, Sir Siminialayi Fubara, has expressed concern over certain unprofessional practices within the surveying profession, urging practitioners to address issues surrounding the acquisition of Rights of Way and seismic operations in the State.

The governor also raised strong objections to what he described as threats to land ownership and title in the State through the alleged issuance of Federal Certificates of Occupancy by the Office of the Surveyor-General of the Federation and other affiliated federal agencies.

According to him, such actions are contrary to Section 1 of the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004, which vests all land within a state in the Governor as trustee on behalf of the people.

Fubara made the remarks while speaking as Special Guest at the National Conference of the Association of Private Practicing Surveyors of Nigeria (APPSN), a sub-group of the National Institute of Surveyors (NIS), held at the Obi-Wali Cultural Centre, Port-Harcourt, yesterday.

Represented by the Secretary to the State Government, Dr Benibo Anabraba, the governor also expressed concern over the problem of land grabbing through illegal survey plans and the payment of inadequate compensation to landowners during compulsory land acquisition for oil and gas exploration by licence holders, urging surveyors to uphold professionalism and fairness in their practice.

He said such illegal activities negatively affect the development of the State.

Fubara urged surveyors to promote ethical and sustainable planning practices that protect the environment, including the preservation of green spaces, marine areas, and forest reserves.

He described the role of surveyors as pivotal to the growth, development, peace, and orderly governance of any society.

According to him, the services of surveyors are critical to physical and urban planning, housing development, land administration, and the provision of infrastructure.

He stressed that surveyors play indispensable roles in land use and management, infrastructure provision, environmental management, and conflict resolution, noting that their presence in government ministries, departments, and agencies ensures adherence to best practices.

“The role of surveyors in governance is pivotal to the growth, development, peace, and order of society, particularly in land administration, infrastructure development, environmental management, and conflict resolution,” the governor said.

He noted that the conference theme, “Mapping the Future: The Vital Roles of Surveyors in the Nigerian Oil and Gas Industry,” was particularly significant to Rivers State, given its position as the hydrocarbon heartbeat of the nation.

The President of the Nigerian Institution of Surveyors (NIS), Surv. Pius Eze, urged all participants to optimize the opportunity provided by the conference for professional upgrading and networking, adding that the conference displays consistency of vision and dedication to the welfare of private practitioners.

The National Chairman of APPSN, Surv. Simepiriye Kalio, thanked leaders and members of the association for their sacrifices to achieving the successes recorded.

The Chairman of APPSN, Rivers State chapter, Surv. Andy Nwikinane, said that the association was working with relevant stakeholders to prevent the infiltration of quacks  in the profession.

Continue Reading

News

African Leaders Should Be Under 50 -Jonathan

Published

on

Former President Goodluck Jonathan has called for a generational shift in African leadership, urging countries across the continent to deliberately promote younger leaders between the ages of 25 and 50.

According to him, younger leaders are more physically and mentally equipped for the rigours of modern governance.

Jonathan made the call in Abuja, yesterday, at the International Memorial Lecture and Leadership Conference marking the 50th anniversary of the assassination of former Head of State, General Murtala Ramat Muhammed.

Reflecting on the demands of leadership, the former president recalled that while in office, he sometimes had no more than two hours of sleep in 24 hours, stressing that advanced age can limit the capacity to cope with the pressures of governance.

“Why do we begin to think that you must be a hundred years old before you can rule your country?” Jonathan asked.

He noted that leadership requires unusual stamina and resilience, arguing that younger leaders are better positioned to withstand the pressure.

“If they need to stay awake for 24 hours, they can stay awake for 24 hours. When I was in office, some days I did not sleep up to two hours. If you subject an older person to that kind of stress, the person will spend 50 per cent of the time in hospital,” he said.

Jonathan aligned his position with the spirit of Nigeria’s “Not Too Young To Run” movement, which seeks to lower age barriers for elective offices and encourage youth participation in politics.

“I have to reinforce the Not Too Young To Run movement. We have to bring some of these age limits down. If we are looking for people who can run nations in Africa, we should look within the 25 to 50 age bracket. That is when you can be very vibrant, physically strong and mentally sound,” he said.

He also questioned the practice of some public office holders spending extended periods outside their states or countries.

“In a country like the United States, some governors do not leave their states for four years. But here, some of our governors spend 50 per cent of their time outside. So who runs the state? Why will we not have security problems? Coming of age must transcend many things. First and foremost, we must have the discipline to manage ourselves,” he added.

Reflecting on the legacy of General Murtala Muhammed, Jonathan said the late leader demonstrated that age was not a barrier to decisive and visionary leadership. Muhammed became Head of State at 38 and, despite ruling for only 200 days, left a lasting impact.

“General Murtala Muhammed assumed office at the very young age of 38. Despite a tenure of only 200 days, his achievements were profound because he was driven by a clear, unyielding vision.

“His leadership sent a clear message: leadership was to serve the national interest, not personal ambition,” Jonathan said.

The former president also referenced other Nigerian leaders who assumed office at relatively young ages, including General Yakubu Gowon, who became Head of State at 32 and later introduced the National Youth Service Corps, which remains in existence to this day.

“Young man of 32 managed to pull the country through the civil war. So why do we now think leadership must only come at old age?” he asked.

However, Jonathan cautioned that youth alone is insufficient without discipline, patriotism and strong institutions.

While praising Muhammad’s decisiveness, he stressed that democracy depends more on institutions than on individuals.

“Democracy requires vision rather than decree. It requires persuasion instead of command. It depends on institutions, not individuals. Above all, it requires respect for the rule of law and the willingness to submit power to the will of the people,” he said.

He urged African leaders to view governance as stewardship rather than entitlement and encouraged young people to see leadership as service.

“Young people must see leadership as service, not entitlement. Leaders must see governance as stewardship, not a right,” he said.

“I sometimes remember when I contested as a deputy governorship candidate. You had to be 40 years old before you could even be a senator, a deputy governor or a governor, not to talk about president. Yet the Head of State we are celebrating today assumed office at 38,” he added.

Calling on Nigerians and Africans to draw lessons from history, Jonathan said leadership should be measured by impact rather than duration in office.

“As we mark 50 years of General Murtala Muhammed’s legacy, let us remember that leadership is not measured by how long you govern; it is measured by the courage to act decisively when the nation needs direction and by the impact you make on society,” he said.

He emphasised that while military leaders govern by command and authority, democracy demands a different approach anchored on strong institutions, credible electoral bodies, an independent judiciary, well-trained security agencies and accountable governance systems.

“While General Murtala Muhammed symbolised decisive leadership, our democratic future depends on strong institutions. Democracy requires vision rather than decree. It requires persuasion instead of command. It depends on institutions, not individuals. Democracy also demands restraint and respect for the rule of law,” Jonathan said.

Continue Reading

News

Police Bust Kidnapping Syndicate In PH

Published

on

The Rivers State Police Command has confirmed the arrest of two men linked to a criminal syndicate that lured, kidnapped, and robbed women working as “run girls” in Port Harcourt hotels.

The suspects, 27-year-old Albert Koko-Ete Hanson and 18-year-old Wisdom Okon from Abak Local Government Area of Akwa Ibom State, were apprehended after victims reported the crimes to hotel security.

One of the victims, simply identified as Faith, told the police that she was invited to a hotel under the pretense of a client request and was led to a two-bedroom apartment where the suspects were staying.

She said the suspects showed her a photograph of another woman, whom they claimed was owing them N5 million, and demanded her phone password to access her bank account. Her phone was seized, though she had no money in her account.

Faith also alleged that another female victim had already been tied and blindfolded in a bathroom, and both were later stripped and sexually assaulted, with threats of organ harvesting reportedly made by the suspects.

It was learnt that a third victim alerted friends in the hotel via text message while the suspects tried to access her bank app. The quick action of the hotel security team led to the rescue of all the three victims.

The prime suspect, Albert Koko-Ete, reportedly confessed to the crimes and revealed that he had been operating the syndicate for six years, earning over N18 million naira.

Rivers State Police Public Relations Officer, CSP Grace Iringe-Koko, warned young women against engaging in prostitution, citing the high risks involved.

Iringe-Koko advised women to acquire skills and seek legitimate means of income, revealing that the syndicate specifically targeted women with high-end devices such as iPhone 15 and above.

The Police confirmed that the suspects’ method involved identifying women they could abduct to extort money from them or their relatives.

The Police said the suspects remain in custody and will be arraigned in court once investigations are complete.

The Command reiterated its commitment to protecting citizens and dismantling criminal networks preying on vulnerable individuals.

King Onunwor

Continue Reading

Trending