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Buhari, Govs Retaining Corrupt Judges – NJC

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Poised for a showdown, the National Judicial Council (NJC), at the weekend, tackled the Presidency, saying it was “constrained” to reveal that President Muhammadu Buhari was still retaining some judges it recommended for dismissal over their involvement in acts of corruption.
The council, in a statement signed by its Director of Information, Mr. Soji Oye, said it was disappointed that the Presidency turned around to accuse it of shielding corrupt judges, when those that were found culpable and recommended for dismissal since Buhari administration came on board, have not been removed till date.
It said: “But for suspension of the affected judicial officers from office by National Judicial Council, they would have to date been still performing their judicial duties.
“And these are officers that have been found culpable of gross misconduct by NJC after due process and diligent fact finding investigation by council based on the rule of law enshrined in the 1999 Constitution of Federal Republic of Nigeria, as amended, NJC Discipline Regulations and Code of Conduct for Judicial Officers of the Federal Republic of Nigeria”, the council stated.
The NJC berated the Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay, SAN, for asserting that the judiciary was not on board with anti-graft war of the Federal Government.
The legal body also faulted Sagay’s position that the judiciary took a hasty decision to recall some of the suspended judges.
It said: “The number of judicial officers that have been removed from office for misconduct particularly for corrupt practices since Buhari administration came on board, that has been made public by National Judicial Council in October and November, 2016, speaks for itself in that vein.
“Some of the judicial officers were removed from office by dismissal or compulsory retirement by the president or governors on the recommendation of the National Judicial Council.
“While a number of the judicial officers were reprimanded by council in the exercise of its constitutional powers to exercise disciplinary control over judges of superior courts of record in the federation.
“Council is constrained to say that some of the judicial officers that have been recommended for dismissal or compulsory retirement from office by the Presidency or governors, have not to date been removed from office”.
The NJC said its decision to recall the hitherto suspended judicial officers was based on the principles of rule of law and fairness.
NJC said its attention was drawn to reactions of some members of public, particularly legal practitioners, jurists, academics and public office holders on the recall of judges it earlier directed to recuse themselves from performing judicial duties pending the conclusion of investigation or determination of the cases filed against them.
“Council is particularly concerned about the press statement issued by Okoi Obono-Obla, Esq, Special Assistant to the President on Prosecution on 8th June, 2017; that the Office of the Attorney-General of the Federation filed a Notice of Appeal against the Ruling of Hon. Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja, for discharging and acquitting Hon. Justice A. F. A. Ademola and 2 ORS on 7th April, 2017.
“Contrary to the above statement, the Registry of the High Court of the FCT, Abuja, informed the Department of Information of the National Judicial Council that the Office of the Attorney-General of the Federation filed two Notices of Appeal in the Court; the first one on 7th April, 2017, against Hon Justice A. F. A. Ademola, his wife, Olabowale Ademola and Joe Agi, SAN.
“The second one was filed on 6th of June, 2017, two days after the Press Release was issued by the National Judicial Council, with additional grounds of appeal against only Hon. Justice A.F.A. Ademola.
“It is on record that when the parties were invited by High Court of the FCT for settlement of records to be transmitted to the Court of Appeal on 18th April, 2017, the Appellant failed to turn up.
“The Registrar of the Court further adjourned the settlement of records to 21st April, 2017, and invited all the Parties, but the Appellant again did not come to Court.
“The total number of 45 days allowed for compilation of record in all circumstances expired on 7th May, 2017, for the Registrar of the Lower Court and 22nd May, 2017, for the Appellant.
“Council noted that the Office of the Honourable Attorney-General of the Federation and Minister of Justice only filed additional grounds of appeal in the Court on Tuesday, 6th June, 2017, three days after the press release by the council that the judicial officers have been directed to resume their judicial duties.
“It was on 6th June, 2017, that letters were again issued by the Registrar to the parties for settlement of records against 14th June, 2017.
“For avoidance of doubt, by the Rules of the Court of Appeal, there cannot be a proper appeal before the court until parties have agreed and settled records before the Lower Court and transmit copies of such records to the Court of Appeal before an appeal number is given. It is only after an appeal number is given that an appeal is said to be entered in the Court of Appeal.
“The council confirmed from Registry of the Court of Appeal that there is no such Appeal till date. The only matter that is pending is a Motion with Number CA/A/371M/CR/2019 filed by Joe Odey Agi, SAN, against the Federal Republic of Nigeria seeking the dismissal of Appellant/Respondent appeal between the Federal Government of Nigeria Vs Joe Odey Agi for failure to transmit the Records from the Lower Court within 45 days.
“Council is aware that at the Code of Conduct Tribunal, the Federal Government filed Suits against Hon. Justices N. S. Ngwuta and Inyang Okoro of the Supreme Court and A. F. A. Ademola of the Federal High Court on 8th February, 2017.
“However, the Federal Ministry of Justice later withdrew the files pertaining the Suits against Hon. Justices Inyang Okoro and A. F. A. Ademola, with the intention of filing additional evidence against them.
“In the case of Hon. Justice Ngwuta, he has since been arraigned before the Code of Conduct Tribunal for non-declaration of his assets.
“In effect, there is currently no Suit filed against Hon. Justices Inyang Okoro and A. F. A. Ademola J. at the Tribunal”.
The NJC said it was aware that some major stakeholders in the Judiciary and justice delivery sector in conjunction with the Nigerian Bar Association, met with the Attorney-General of the Federation, Mr. Abubakar Malami, SAN, and anti-graft and security agencies before the judicial officers were recalled, to discuss the subject matter and in particular the fate of the judicial officers that have not been charged and arraigned.
“When no progress was made, the NJC, which is the only constitutional institution, empowered to exercise disciplinary control over judicial officers for misconduct, decided to recall the judicial officers.
“It is to be stressed that our criminal justice is also predicated on accusatorial system and NOT inquisitorial. Thus, every accused person is presumed to be innocent until his guilt is proved beyond reasonable doubt by the prosecution.
“On the foregoing, council is compelled to inform the public that the decision it took to direct the affected Justices/Judges to recuse themselves from performing their judicial duties, was borne out of respect for the office of the Attorney-General of the Federation and Minister of Justice; and in order to maintain the integrity and sanctity of the Judiciary and sustain public confidence.
“Council reiterates that it shall continue to support the Buhari administration posture in its fight against corruption in all its ramifications in the federation; and in cleansing the Judiciary of corrupt judicial officers, under the purview of the 1999 Constitution of the Federal Republic of Nigeria and the principles of the Rule of Law enshrined therein.”

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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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.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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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.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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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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