News
Reconsider Courts’ Annual Vacation, AJ Tells CJN, NJC
A non-governmental organization, Access to Justice (AJ) has called on the Chief Justice of Nigeria (CJN), and the National Judicial Council (NJC) to reconsider the vacation periods announced by various heads of courts in the country, and make new policies regulating the length of time those vacations should last in order to get the courts back to business in the earliest possible time.
In a statement by its Convener, Joseph Otteh, and Project Director, ‘Deji Ajare, Access to Justice recommended measures that can be adopted to ensure that cases do not suffer undue delay during the period of annual vacation.
The body advised heads of courts to make new policies regulating the length of time those vacations should last in order to get the courts back to business in the earliest possible time.
They also recommended that judges handling criminal cases should not partake in the general vacation but arrange their own individual vacations so that criminal trials can continue uninterrupted across Nigeria.
According to them, that way, persons being held in detention during their trials can expect their trials to go on to conclusion without much more delay.
The body also urged the Chief Judge of the Federal High Court to ensure that there are vacation courts open in all of its judicial divisions, and not just in Lagos, the FCT and Port Harcourt, given that urgent matters can arise anywhere in the country.
Part of the statement read, “It is customary for courts to mainly shut down in the months of August and September each year to give Judges the opportunity to rest. During this period, only a few designated courts sit to adjudicate urgent matters.
“Access to Justice has, in the past, called for a reform of the judicial vacation system, so that courts’ businesses do not shut down en bloc, and allowing judges take individual vacations instead, in the way it is done in many other countries.
“Justices of the Supreme Court of Nigeria commenced their annual vacation on July 19, 2021, and will resume for the new 2021/2022 legal year in September. Judges of the Federal High Court commenced theirs from July 26, 2021, until September 17, 2021. The National Industrial Court of Nigeria also commenced its vacation from July 30, 2021, until September 27, 2021. The High Court of the Federal Capital Territory Judges will commence their vacation on July 23, 2021, and will last till September 3, 2021. State Judiciaries are also announcing their individual vacations.
“Most of the announced vacations for federal courts range from a period of (nearly) 1.5months to just about two months.
“The current legal year has been marked by extraordinary disruption: the Covid-19 pandemic, the #EndSARS protests that saw many court buildings and records destroyed, and the JUSUN strikes that shuttered courts for a little over two months. In addition to the enforced closures, Judges also enjoyed, at least, four additional vacations – the Christmas, Easter as well as two Muslim vacations. When the various vacations are summed up, many courts would have been closed for business for up to three months. When the periods of disruption are added to this figure, some courts would have been closed for business for a period of more than five months during the legal year.
“The length of time various heads of courts have appropriated to shut down courts for vacation purposes is of great concern. It would mean, in some cases that courts would be effectively shut down for close to six months in the legal year. While the factors leading to the enforced closure of courts during the legal year were not primarily the making of the Judiciary, yet, the Judiciary must be conscious of the impact these developments have had on those who use or “patronize” the courts, and on the delivery of judicial services nationwide.
“Given this, the Judiciary ought to fixate more eagerly and conscientiously on how to clear the case backlogs that have accumulated over the months that courts could not sit, create a sense of burning urgency among judges for more spiritedness in resolving cases, and thus, placing the needs of court users – who are the courts’ customers – well above its own.
“Taking extended court vacations at this time, therefore, appears insensitive to the interests of court users who have already endured much suffering from the closure of courts for many months.
“Some court users are in correctional centres or other detention places, either waiting for courts to hear and decide on the legality of their detentions or awaiting the hearing and conclusion of their trials. Many others who have pending cases before courts may suffer irreparable injury with more delays in the resolving their disputes or getting court orders, without which some serious harm might befall them.
“We are persuaded that the Judiciary ought to give a better public image of itself, and offer a higher level of accountability to the public which it serves. Where the Judiciary ignores the broader needs and stakes of the court user community, and takes any length of vacation periods it chooses, only just because it can, it gives the impression that it is more interested in preserving the vocational privileges of its members than it is committed to the cause of justice and realizing the constitutional rights of citizens to a fair and reasonably speedy trial.
“Where court users feel this way, they further lose faith in courts as vehicles of justice and see the judicial branch as just another impassive, spiritless player in the business of governance. For a Judiciary that has been reeling under a considerable weight of negative public perception, this can be further alienating.”
The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.
The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.
The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.
Akujobi Amadi
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