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Political cases top Judiciary's new year
AS the judiciary starts the new legal year, a lot of contending matters are expected to be decided as a matter of urgency, by the judges. One of such cases pending at the Supreme Court is the one involving the Federal Government and the Anambra State Governor, Dr. Chris Nwabueze Ngige, concerning the controversial circumstances that led to the withdrawal of his official police security.
The Presidential election petition tribunal headed by Justice Umaru Farouk Abdullahi that has been heavily criticised for its perceived slow speed in disposing the election petition by Maj.-Gen. Muhammadu Buhari against the April 19, 2003 presidential election results is expected to enter its last and very crucial stage. The Independent National Electoral Commission (INEC) and its agents cited in the petition is expected to conclude its defence. It had began the defence in June 2004 through their team of lawyers comprising Chief Ebun Sofunde (SAN) and Chief Joe Gadzama (SAN).
Buhari's contention, which has been countered by President Olusegun Obasanjo's lawyers led by Chief Afe Babalola (SAN), is that INEC substantially violated, the statutory provisions guiding the conduct of a free election in Nigeria as enshrined in the Constitution and the Electoral Act 2002.
Buhari and his lawyers led by Chief Mike Ahamba (SAN) had told the Tribunal that in the performance of its statutory functions, (the conduct of elections), including the presidential election, the INEC and its agents are constitutionally and statutorily enjoined to be independent, neutral and at all times act in the interest of the country. Hence under Section 18 of the Electoral Act 2002, they are required to affirm or swear to an oath of allegiance to the country, and to remain neutral in the conduct of the election. Buhari claimed that the electoral body did not comply substantially with these provisions.
At the Supreme Court, Nigerians will want to see how the justices will handle the legal battle that has trailed the decision of the President to order the withholding of statutory allocations from the federation accounts meant for the councils of Lagos State. The state is challenging the constitutional validity of the action of the government. Also on the cards, is the new suit, instituted by 19 northern states and three southern states on the recent abrogation of the Onshore/Offshore dichotomy.
The Nigerian Labour Congress (NLC) which is still smarting from the passing of the recent Act by the Senate, will return to the apex court for the pending suits on the incessant increment in the pump-prices of petroleum products and the Executive Bill to weaken the NLC.
Also billed for hearing is the suit by the suspended State House of Assembly of Plateau State challenging the declaration of a state of emergency by Obasanjo and the subsequent suspension of all democratic structures in the state.
Meanwhile, Chief Gani Fawehinmi (SAN) will continue his crusade at the Federal High Court Abuja, presided over by Justice Binta Murtallah-Nyako, challenging the decision by Obasanjo to pay the ministers of finance and foreign affairs in dollars.
Another touchy case might be the reported move by the Nigerians of Bakassi extraction to file a suit seeking to nullify Nigeria's reported accord to hand-over Bakassi to Cameroun. The hand over is in compliance with the ruling on October 10, 2002, of the International Court of Justice in The Hague.
The chairman of the Bakassi Council of Traditional Rulers, and paramount ruler of the area, Etinyin Etim Okon Edet, said that 210 lawyers have agreed to help the Bakassi people with the suit pro bono (free of charge). He had criticised the ruling by the World Court over the ownership of the oil rich peninsula. He has a strong support base in the House of Representatives.
The House of Representatives recently passed a resolution rejecting the decision of the Federal Government to abide by the working calendar of the Cameroun-Nigeria mixed commission which is billed to hand-over Bakassi to Cameroun. The traditional ruler said he believed that a declaration from the Supreme Court would carry more weight than the resolution passed by the House of Reps.
The Cameroun-Nigeria mixed Commission was established at a meeting organised by the United Nations Secretary General, Kofi Annan, in Geneva on November 15, 2004 between Obasanjo and the Camerounian leader, Paul Biya. The commission is to work out the modalities for implementing all aspects of the judgment.
The 39 members of the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB) will continue their legal battle to regain their freedom from the police. They have been held on the orders of the Inspector General, Tafa Balogun. In a statement that has drawn wide condemnation, stakeholders in the judiciary, Olujinmi tried to justify the draconian treatment of the alleged members of MASSOB by the law enforcement agents.
At the Federal High Court Abuja, the plaintiff's lawyer, Kelvin Emeka Okoroma said he filed the matter pursuant to order one, rule two sub-one, sub-three and sub-six of the fundamental Rights (Enforcement) procedure rules, section 77(2) of the criminal procedure code, code, Section 46 of the Constitution.
One major business in the judiciary is the pending suspension of Justice Stanley Nnaji of the Enugu State High Court who in January 2004 gave a controversial judgment, while the courts were on break, asking for the removal of Ngige. The National Judicial Council (NJC) suspended Nnaji in the first quarter of the year for that singular act which was described as manifestly unconstitutional because he lacked the jurisdictional competence to entertain the matter instituted by Nelson Achukwu, the now expelled member of the Anambra House of Assembly.
That decision by Nnaji was over-turned by the Court of Appeal, Enugu, which pronounced that Ngige should not be unseated as the constitutionally recognised governor of Anambra. The suspension of Nnaji has given rise to more than three other appeals at the Supreme Court. The Anambra State Attorney General, Chief Udechukwu Nnoruka Udechukwu (SAN), filed a petition at the NJC protesting the alleged indiscretion by Nnaji and after several sittings, the NJC suspended the indicted judge.
It is expected that the directive by the Uwais-led NJC that in compliance with the provisions of the Constitution, Enugu State Governor, Chimaraoke Nnamani should sack Nnaji from the State judiciary would be complied with.
Ten lawyers are also at the Federal High Court Abuja contesting the validity of the 1999 Constitution. According to them, the statute was handed over to the people by the military and that for any constitution to be widely accepted it must originate from the people. Dr. Tunji Abayomi is leading the challenge against the Constitution. The Federal Government and some state governments have in the meantime filed preliminary objections asking Justice Steve Jonah Adah to dismiss the suit by the 10 lawyers because they lack the locus standi to commence the action against the government.
The strategic position of the nation's judiciary was encapsulated in a speech delivered by the Federal Attorney General and Minister of Justice Chief Akinlolu Charles Olujinmi (SAN) at the recently concluded annual general conference of the Nigerian Bar Association (NBA) in Abuja.
Enumerating the role of the legal profession in the government's survival efforts, Olujinmi stated: "Historically, lawyers have made tremendous contributions to the social, political and economic development of their societies. It was the inventive genius of great thinkers and jurists of the old that gave birth to the legal concept upon which modern societies are founded. These include the concept of the rule of law, equality before the law, natural justice, independence of the judiciary, federalism, human rights, equity and a host of others. These were developed by lawyers who took up the challenge of reforming their societies."
The nation's chief law officer went on: "Bracton became reputed for his courage and superior logic in defence of the rule of law when he maintained that the king himself ought not be subject to man, but subject to God and to law because the law make him king."
These views according to Olujinmi show that the legal profession has a veritable role to play in the transformation challenges facing this country.
Justice Chukwudifu Oputa, a retired jurist of the Supreme Court and the former Chairman of the Human Rights violations probe panel and Justice Michael Ekundayo Ogundare clearly buttressed the fact that the national hierarchy of the judiciary are aware of their constitutional role of stabilising the polity and protecting the rule of law. These scholars made their views known in public lectures they delivered.
First, Oputa graphically points out that the role of the judiciary is strategic for the survival of democracy when he stated: "Our constitution speaks audibly and eloquently of freedom, equality and justice. But a clash may occur between constitutional ideals and political and social realities- hence the need for an umpire, for a referee to settle the ensuing disputes. The courts play that important role.
"If men were angels asserted James Madison, no government would be necessary. However, since men are not angels, keeping the government itself faithful to the twin goals of democracy and the production of universal benefits for all its peoples, become the most difficult and demanding constitutional mandate imposed by the constitution on the judiciary."
Ogundare writes that: "Though in theory, the three branches are equal, in reality they are not. While the legislator holds the law-making power, which Justice Karibe Whyte has rightly described as the sword, and the executive apart from being in charge of the general administration also holds the purse, the judiciary is entrusted with the interpretation of the provisions of the constitution and the determination of the rights therein.`
The solemn nature of the swearing-in ceremony sign-posts the serious and pre-eminent role that the judiciary plays in the enthronement and sustenance of a virile, vibrant and viable democracy, and the rule of law in Nigeria especially now that the country is witnessing one of its severest trying periods.
As the judiciary starts the new legal year fortunately, on a solemn note, a lot of contending matters are expected to be decided as a matter of urgency, by the judges
At the Supreme Court, Nigerians will want to see how the justices will handle the legal battle that has trailed the decision of the President to order the withholding of statutory allocations from the federation accounts meant for the councils of Lagos State. Also on the cards, is the new suit, instituted by 19 northern states and three southern states on the recent abrogation of the Onshore/Offshore dichotomy
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