Nigerian Judiciary And Drama Of 2022
Like the year before, the justice sector had its fair share of drama in 2022. From a CJN’s shocking resignation, to the scandal of lawyers looting and fighting over bags at the Bar’s flagship annual conference, to controversy over the National Judicial Council’s re-instatement of a judge sacked by President Muhammadu Buhari, to the formation of a parallel law association, among other things, Nigerians were held spellbound by the actions of ministers in the Temple of Justice.
Like other sectors, the judiciary had its fair share of controversies in 2022. The Bar, with an active Nigerian Bar Association (NBA), was particularly busy.
A CJN’s shocking resignation
The resignation of Justice Ibrahim Muhammad Tanko as Chief Justice of Nigeria (CJN) caught everyone by surprise.
On June 19, 2022, a report surfaced showing that some of his colleagues accused the CJN of diverting budgetary allocation of the Judiciary and denying Justices of the Supreme Court basic work tools and training.
The leaked internal memo was signed by 14 Justices of the Supreme Court, an unprecedented act. Tanko was also accused of ferrying family members on international trips while neglecting Justices of the Supreme Court’s annual retreat.
A few days after the reports, Justice Tanko, 68, resigned on June 27 citing ill-health, about 18 months before his retirement in 2023.
During his tenure as CJN, there were speculations and concerns over Justice Tanko’s health.
In 2020, the CJN was unusually absent from a number of important functions.
In December of the same year, it was speculated that he had been ill and was due to be flown abroad for treatment. But his spokesperson as well as the Supreme Court administration insisted that he was in good health
Ariwoola takes over
The next most senior Justice of the Supreme Court, Justice Olukayode Ariwoola, was immediately sworn-in in an acting capacity.
Four months later, President Muhammadu Buhari swore in Justice Ariwoola on October 12 as the substantive CJN.
Nigerians too litigious, says CJN
Justice Ariwoola, on November 28, accused Nigerians of being too litigious.
Justice Ariwoola spoke at a special session of the Supreme Court to mark the commencement of the 2022/2023 legal year and the swearing-in of 63 newly conferred Senior Advocates of Nigeria (SANs).
He said: “The Nigerian public needs to be reminded on the need to do less litigation and embrace more of alternative dispute resolution to free the courts of this unnecessary over-stretching of human and material resources.
“As rightly observed, Nigerians are the most litigious people on earth; especially the political class.
“We don’t need to rush to court after every little disagreement. We have various alternative dispute resolution mechanisms, across the country that we can conveniently leverage on, with a view to freeing the courts of this incessant case overload.
“In every little disagreement, we rush to court; and in every lost case, we rush to appeal even up to the Supreme Court, no matter how little the issue might be.
“That has obviously accounted for the several appeals pending in the Supreme Court.”
Electoral Act 2022 Amended
President Buhari on February 25 assented to the amended Electoral Act 2022, which among others, handed sole jurisdiction over pre-election cases to the Federal High Court.
Electoral Act: FHC CJ slams NASS
The Chief Judge of the Federal High Court, Justice John Tsoho on December 12 knocked the National Assembly for not involving the Judiciary in its judgment of the Electoral Act.
Justice Tsoho spoke at the special court session to mark the new legal year (2022/2023) of the Federal High Court.
He said: “By virtue of Sections 29 (5) and 84(14), of the Act (Electoral Act 2022), exclusive jurisdiction is foisted on the Federal High Court in the hearing and determination of pre-election complaints.
“Linked to that jurisdiction is Section 285(10) of the Constitution of the Federal Republic of Nigeria (as amended), which provides that such pre-election cases must be concluded within 180 days from the date of filing of the suit.
“This is notwithstanding the judges’ existing ‘high-volume’ dockets that present enormous challenges.
“It is necessary to place on record that the Electoral (Amendment) Act 2022 was enacted without any consultation with the court.
“Also, no support whatsoever was provided to address the increased responsibility. This weighed heavily on the operations of the court.”
NBA, Umahi row
The Nigerian Bar Association (NBA) and Ebonyi State Governor Dave Umahi fell out following Umahi’s harsh reaction to a Federal High Court judgment ordering him and his deputy’s removal from office.
The NBA on March 9, demanded an immediate apology from the governor.
It also demanded a retraction of Umahi’s “offensive” comments.
The NBA, in a statement signed by its President Olumide Akpata, described the governor’s comments attacking the judiciary as “disgraceful, undemocratic and completely unacceptable.
Days earlier, Justice Inyang Ekwo of the court’s Abuja division ordered the removal of Umahi and his deputy, Eric Igwe, over their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
But Umahi declined to vacate the office, saying the court order was “null and void”.
Describing the judgment as a “sham”, Umahi accused Justice Ekwo, of doing a “hatchet job”.
“Nobody can remove me as the governor of the state as we know where the judgment came from,” he was quoted as saying.
But in its statement, the NBA said it was utterly dismayed by the Umahi’s “unfortunate and totally unacceptable” reaction to the judgment.
Umahi later apologised.
The governor and his deputy were subsequently reinstated on appeal.
Deborah’s murder: Lawyers clash over cancellation of Sokoto conference
Lawyers were divided on whether the Nigerian Bar Association (NBA) Public Interest and Development Law (SPIDEL) Conference scheduled for Sokoto between May 22, and 26 should hold in the city following the lynching of Deborah Samuel by her schoolmates at the Shehu Shagari College of Education, Sokoto, for alleged blasphemy.
On May 13, activist-lawyer, Ebun Olu-Adegboruwa, SAN, in a statement called on the Chairman of NBA-SPIDEL, Monday Ubani to consider cancellation of the conference, or shift it to another northern state.
But replying in a Facebook post, Ubani advised caution on the delicate issue. While condemning the murder, the SPIDEL Chairman also condemned Adegboruwa’s call.
Ubani said: “Gentlemen let us all be circumspect over the sad Sokoto incident. The barbaric killing is condemnable as no individual has any right under our present jurisprudence to take life except in accordance with due process.
“Assuming but not conceding that the said lady has committed a written and known crime, the state alone has the requisite power to prosecute and punish the alleged crime. Extra judicial killing is not allowed by our laws;
“Having said that, it will be preposterous for someone who is a lawyer to be suggesting that we should cancel our conference that is billed to take place in Sokoto because of the acts of law breakers in the state.”
He said he had sent a text to the Governor (Aminu Tambuwal) and the AG and “requested for a statement that our safety is guaranteed. I am in touch with the President of the Bar, Mr Olumide Akpata and if there is any need to take a drastic decision about the conference in Sokoto we will ensure prompt communication to the constituency.”
But Adegboruwa fired back: “Learned Counsel and Comrade, your points could have been made without the insults sir. You were unduly emotional in this, perhaps because you’re directly involved. It is within our right as lawyers to make any call sir, and we don’t, by whatever means, deserve the kind of language you have employed here, to crucify your colleagues.
“I find this totally unacceptable sir. As a leader of the Bar, you’re to represent our interests sir. The NBA exists for the promotion and protection of human right’’.
The conference was eventually postponed.
Supreme Court vacancies: NBA kicks as CJN shuns SANs
The then CJN Justice Tanko sparked a row with the Bar by excluding lawyers, including seven Senior Advocates of Nigeria (SANs), from the six vacancies at the Supreme Court.
None of the 23 lawyers who heeded the CJN’s January 19 invitation and applied for the job were considered for the job.
The shortlist included five jurists each from the North Central, North West, South South and South West, while the South East has a nine-man jurist team.
The CJN’s May 27 list requested the NBA to comment on the provisional shortlist of the nominated candidates.
Dr. Ajibade, who released the names of the shortlisted applicants in a June 13 letter seen by The Nation, advised NBA members to send in their comments/petitions not later than Monday, June 27.
In January, CJN Muhammad was praised for including lawyers among those to be considered in the next round of appointments as Justices of the Supreme Court.
According to his January 19 letter to the NBA, six suitably qualified lawyers only would be selected from a pool of applicants from five of the country’s geopolitical zones.
The letter requested stakeholders including the NBA to nominate suitable candidates for the said positions.
Following this, the NBA nominated 23 lawyers, including seven Senior Advocates of Nigeria (SANs) and two women, for the job.
The CJN’s proposal responded to years of pressure by stakeholders, particularly the Body of Senior Advocates of Nigeria (BOSAN), for its members and distinguished academics to be appointed to the topmost echelon of the nation’s judiciary.
The proposal was not implemented by successive CJNs since the tenure of Justice Mohammadu Uwais who served between 1995 and 2006.
Since independence, the last two apex court justices to have been appointed directly from the bar were ex-CJN Justice Teslim Elias in 1972 and Justice Augustine Nnamani in 1979.
In 2017, as part of proposed reforms in the administration of the justice system, the NBA forwarded the names of six SANs and three other lawyers to then-Acting CJN Justice Walter Onnoghen for consideration for appointment as Supreme Court Justices.
NBA creates three new branches
The National Executive Council of the Nigerian Bar Association (NBA-NEC) on June 12 announced that it had created three more branches of the Association.
Two of the new branches are in Abuja, while the third new branch is in Lagos.
The new Abuja branches are the Garki Branch and Nyanya/Karu Branch.
The new Lagos branch is the Surulere Branch.
The NBA’s NEC stated this at its quarterly meeting in Ilorin, the Kwara State capital, which was held on June 8 and 9.
Abuja formerly had three NBA branches: Abuja, Bwari and Gwagwalada branches. It now has five branches: Bwari, Abuja, Nyanya, Gwagwalada and Garki.
NBA President Olumide Akpata further explained that the Garki Branch was created to solve the ‘lingering crisis’ in the NBA Abuja Branch popularly known as ‘Unity Bar’.
He noted that the Nyanya Branch and Surulere Branch were created out of the two mega cities’ Abuja and Lagos Branches for easy administration as a result of the large population of lawyers.
The new branches come ahead of the NBA’s 2022 election which held on July 16 and Annual General Conference (AGC) 2022.
NBA President shuns Call to Bar ceremony
The Nigerian Bar Association (NBA) in an unprecedented move on December 6 boycotted the call to bar ceremony of 4,711 new lawyers inducted into the legal profession.
NBA President Yakubu Maikyau, said the decision to boycott the event was due to the refusal of Chief Wole Olanipekun, SAN, to relinquish his position as chairman of the Body of Benchers (BoB).
In a letter dated July 22 and addressed to Olanipekun, the NBA, through its former chairman, Olumide Akpata, had asked Olanipekun to recuse himself from office following a leaked email by his law firm soliciting a brief — an action which contravenes the ethics of the profession.
In another letter dated December 4 and addressed to the BOB chairman, Maikyau reiterated the call for Olanipekun’s resignation.
He also asked the BOB chairman not to preside over the call to bar ceremony scheduled for Tuesday, and to hand over to Mary Peter-Odili, the vice chairperson of the BOB.
Maikyau said the BOB chairman refused to respond to the letters sent by the NBA and has shown no remorse.
But the Body of Benchers (BoB) explained on December 9 why it did not deliberate on the letter by the Nigerian Bar Association (NBA) calling for the suspension of its chairperson, Wole Olanipekun.
The BoB explained in a statement by its Secretary, Daniel Tela, that the NBA’s letter was not debated at the body’s 5 December meeting meant to finalise arrangements for the call-to-bar ceremony of the new lawyers because it was delivered late at its headquarters in Abuja.
“The said letter was received at the Body of Benchers Secretariat at 9:32am on Monday, 5th December, 2022.”
It added that members did not consider the issue, when it was raised by Mr Maikyau because they were not in receipt of the letter and Mr Olanipekun to whom it was addressed to, was not afforded the opportunity to respond to the letter before the NBA president brought it up.
Mr Tela further said, apart from the fact that the NBA’s letter was addressed to Mr Olanipekun, it was not an item on the agenda of the body’s meeting which had been scheduled since 14 November.
He added that the letter had been published on social media before it was received at the BoB headquarters at exactly 9:32 a.m. on 5 December, the day of the meeting, hence, it was not ripe for discussion.
Akwa Ibom CJ and Inibehe Effiong
Human rights lawyer, Inibehe Effiong was on August 26 released from Uyo prison after spending 30 days for alleged contempt of court.
The Chief Judge of Akwa Ibom State, Ekaette Obot, on 27 July, sentenced Mr Effiong to prison after the lawyer objected to the presence of two armed police operatives in the courtroom.
The decision caused an uproar in the legal community with the judge being accused by the NBA accusing the judge of not following due process in the committal proceedings.
The NBA said it would appeal the one-month jail sentence.
Then NBA President Olumide Akpata said efforts to free Inibehe by diplomatic means failed, following Justice Obot’s unwillingness or inability to “further entertain the matter.”
According to Akpata, Effiong was allegedly neither put in the dock nor accorded a fair hearing before the judge convicted and sentenced him.
He added that the association could escalate the “unconstitutional” proceedings up to the National Judicial Council (NJC) which has the power to, among others, probe and sanction judicial officers.
Justice Obot last sentenced the activist-lawyer to one-month imprisonment for alleged contemptuous behaviour.
The judge made the order during proceedings in the case of alleged libel instituted by Akwa Ibom State Governor Mr. Udom Emmanuel against a lawyer, Mr. Leo Ekpenyong, who is Effiong’s client.
But Effiong claimed he was an innocent victim of unjustified exercise of power, and that the judge punished him after he applied that two armed mobile policemen be asked to exit the courtroom.
He said he had already asked the Chief Judge to recuse herself from handling the case, on the ground of alleged bias.
Akpata, last Thursday, ordered a probe of the circumstances surrounding the sentencing.
NBA Conference: show of shame over bags
The flying colours the NBA Technical Committee on Conference Planning (NBA-TCCP) for NBA-AGC 2022 should have received for planning and logistics arrangements, were marred by an incredible incident at the Eko Atlantic City in Lagos on Tuesday, August 23, 2022.
Lawyers looted the conference materials collection centre over delay in getting their conference bags. Nigerians watched videos of the event in disbelief, as lawyers fought and vandalised the Eko Atlantic Conference registration centre.
They also stole phones.
Akpata, who described the event as a disgrace, said: “The registration centre for the collection of materials by delegates at the ongoing Annual General Conference was broken into, vandalised, and looted by some delegates last night, with most of the conference materials carted away and lawyers/registration officers injured.”
Akpata added that it was “a national embarrassment as some of our members conducted themselves in a most-despicable manner not expected of members of the profession.”
He said lawyers found culpable would be prosecuted.
Last week, the NBA said it was yet to identify the vandals that looted and destroyed the accreditation centre of its AGC.
Chairman of the NBA Conference Incident Investigation Committee, Mr. Olawale Fapohunda, SAN, said the body could not yet say if the perpetrators were lawyers.
Fapohunda, the immediate past Attorney-General of Ekiti State, was responding to queries about whether some lawyers whose pictures have been trending online are the “vandals” that ransacked and looted conference bags and other materials during the AGC.
An Enugu-based lawyer Godwin Madubuegwu recently raised the alarm that his picture was being wrongly displayed on social media as being that of one of the vandals
Madubuegwu, in a statement, denied and dismissed allegations of his involvement in the untoward act, saying he was shocked by such a connection.
Law Society of Nigeria Controversy
Another professional association of lawyers called to the Nigeria Bar surfaced on October 30, threatening to end the monopoly of the 89-year-old Nigerian Bar Association (NBA).
The association, known as the Law Society of Nigeria (LSN), is led by Mr. Kunle Ogunba (SAN).
LSN, which described itself as a “new sheriff in town” made its appearance through a statement issued by its National Publicity Secretary, Mr. Douglas Ogbankwa.
But, already, the group hit stormy waters after LSN convener and founding secretary, Richard Oma Ahonaruogho (SAN), disowned Society’s executive.
He added that the purported executives of the LSN as announced were not known to the body.
The number of lawyers produced in the country was 197,105 as of July 2021.
Legal practitioners in Nigeria had been regulated solely under the umbrella of the Nigerian Bar Association (NBA) founded in 1933.
But there have been failed attempts to split the association, the last being the August 2020 move by two lawyers, Mr. Nuhu Ibrahim and Mr. Abdulbasit Suleiman, to form the New Nigerian Bar Association (NNBA).
Ogbankwa said in the statement that LSN emerged in a bid to redefine the ideas of the founding fathers of the legal profession.
He described the legal profession in Nigeria as having a chequered history spanning from “the sublime to the ridiculous”.
But Ahonaruogho issued a disclaimer to the statement of the purported LSN interim leaders.
He asked all Nigerian lawyers and the Body of Benchers to disregard the “hasty announcement”.
