2016: The year of the judiciary, landmark judgments

2016 will be remembered for along time as a year that recorded judicial activism and pragmatism due to the landmark cases which the judiciary handled. SUNDAY EJIKE examines some of the activities in the judicial system and some of the notable judgments delivered in the last one year.

 

The happenings in the nation’s judiciary in the last 356 days appeared to have lent credence to the saying that the judiciary is the last hope of the common man.

But the common man was not the only one to have the Nigerian judiciary as his bastion of hope in the outgone year, even the supposed big and mighty ran to the third estate of the realm whenever they felt their rights were violated by agencies of the Federal Government, especially the Economic and Financial Crimes Commission (EFCC) and the Department of Security Services (DSS) and other security agencies.

It was during the last year under review that “the big and powerful” former public office holders who have allegedly soiled their hands and succeeded in making themselves “untouchable” in the immediate past administration were arraigned in courts for one corrupt offence or the other.

There were several judgments said to be landmark in nature, perhaps because of the calibre of people involved, that were handed down in the last one year.

In the same vein, there was an “unprecedented” mode of investigation adopted by the DSS to prove the allegations of corruption and judicial misconduct against some Justices of the Supreme Court and Judges of the Federal High Court. What the DSS termed sting operation was used to reportedly intercept the billions of Nairas and hard currencies in the houses of the judicial officers.

Beginning from January 2016, when the Economic and Financial Crimes Commission (EFCC) arraigned the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh before Justice Okon Abang of the Federal High Court, Abuja, after more than one week of being detained in their custody till the last day of the year, processes that will lead to justice being served on several Nigerian yesterday men and women, were started.

The PDP spokesman, picked by operatives of the EFCC on January 5, 2016, is standing trial for allegedly collecting about N400m from the former National Security Adviser (NSA), Col. Sambo Dasuki (retd.) from the money alleged to be part of the $2.1 billion arms procurement fund.

Metuh had, before his arrest, agreed that he collected an undisclosed sum of money from former President Goodluck Jonathan, in order to carry out some assignments as the spokesperson for the then ruling PDP,protesting his trial before Abang. He alleged bias, but the trial judge told him that he had a case to answer, as a prima facie case had been established against him by the Federal Government. The court also dismissed the enforcement of fundamental right suit filed by Metuh.

The trial of the former PDP spokesman is still on-going, even as he is still being tried before a High Court of the Federal Capital Territory sitting in Maitama for allegedly destroying the evidence he gave before the EFCC.

As the trial on the two cases continues before the two courts, they are expected to probably reach a decisive end in the New Year.

Also in relation to the $2.1 billion arms deal, the Federal Government, which filed two different criminal charges against Dasuki along with his co-defendants in two different High Courts of the FCT in October, has consolidated the criminal charges following a complaint by the former NSA that putting him on trial in two different courts on the same issues would be prejudice and cause double jeopardy.

That position came shortly after the ECOWAS Court ordered the immediate release of Dasuki from detention and

Dasuki had been put on trial before Justice Baba Yusuf, while another charge was filed against him before Justice Peter Affem both of the FCT High Court on the same issue and subject.

However, Dasuki, sensing danger in the abuse of judicial process, applied that the two charges at the two high courts be consolidated since they were on the same issues and alleged contravention of the same laws. Dasuki, who is standing trial on allegation of alleged misappropriation of fund along with four others before Justice Yusuf, had insisted that the charges against him by the complainant on the same issue constituted a gross abuse of court process. But while the case lasted, the former NSA, continued to remain in detention. Thus, in October 2016, the Community Court of the Economic Community of West African States declared the arrest and continued detention of Dasuki unlawful, arbitrary and a violation of his right to liberty.

The court ordered that he be immediately released from the custody of the DSS, whose operatives re-arrested him shortly after he was released from prison on bail with respect to his ongoing trial.

The court said it was wrong for the Federal Government to continue to detain him over undisclosed offences after he had been granted bail by three different courts before which he had been arraigned.

The court, in a unanimous judgment of a three-man panel read by Justice Friday Chijioke Nwoke, also awarded N15m damages against the Federal Government.

It ordered government to release Dasuki immediately and also his properties that were confiscated by state’s agents.

The court, which held that the Nigerian State was unable to justify its continued detention of Dasuki, also faulted the search of his houses in Abuja and Sokoto without valid search warrant.

The judgment was on a fundamental rights enforcement suit filed earlier this year by Dasuki.

It is worthy of note that Justice Adeniyi Ademola of a Federal High Court in Abuja withdrew from Dasuki’s matter brought before him because of the issues he had with the DSS, which he alleged were after him because of his ruling granting bail to the former NSA.

In the last one year, a number of top military top shots and political office holders began facing trial in various courts over their alleged involvement in the spending of the $2.1 billion earmarked for the purpose of arms to fight the Boko Haram insurgents in the Northeastern part of Nigeria.

Earlier in December 2016, Justice Gabriel Kolawole, in a judgment, ordered the Federal Government to release the leader of Islamic Movement in Nigeria also known as the Shi’ite sect, Sheikh Ibraheem Zakzaky, and his wife, Zeenat, from the custody into an accommodation that must be provided within 45 days by government.

The sect leader and his wife, arrested by the Army on December 14, 2015, had been in the custody of the Department of State Service since December 15, 2015.

Justice Kolawole, delivering a joint judgment in the two rights enforcement suits filed by the two applicants, ordered that the government should provide a befitting accommodation for the applicants, their family members and followers who used to live with them before they were arrested.

The judge ordered that the accommodation must be provided in Zaria, Kaduna State, or in other part of the state or alternatively any other part of northern Nigeria within the 45 days period.

The judge awarded N25m each, totalling N50m, to the Shi’ite leader and his wife, for the violation of their rights by being held in unlawful custody since December 14, 2015.

The Shi’ite leader and his wife were arrested following the violent encounter between members of his sect and soldiers in the convoy of the Chief of Army Staff, Lt.-Gen. Tukur Buratai, in Zaria, Kaduna State in December 2014.

Also in the year under review, the Code of Conduct Tribunal, sitting in Abuja, found the erstwhile Minister of Niger Delta Affairs, Elder Godsday Orubebe, guilty of the allegation that he falsely declared his assets in 2007.

The tribunal, in a judgement delivered by its chairman, Justice Danladi Umar, said it was satisfied that Orubebe shielded his ownership of Plot 2057 Asokoro District, Abuja.

The tribunal maintained that there was merit in the one-count amended charge the federal government preferred against the former Minister, held that the said property should be forfeited to the government.

Earlier in June, a lawyer, Mr. Nnamdi Nwokocha-Ahaaiwe, withdrew his suit seeking an order of a Federal High Court in Abuja to declare President Muhammadu Buhari as not qualified to contest the last year’s presidential election which was won by him (Buhari).

The plaintiff had, among other prayers, asked the court to direct the Independent National Electoral Commission to withdraw the certificate of return issued to Buhari after winning the last year’s poll on the basis that the President did not possess the requisite Primary Six School Certificate or the West Africa School Certificate to run for the office.

But Justice Adeniyi Ademola struck out the case in a short ruling following the plaintiff’s notice of discontinuance of the case filed on June 27.

In a similar development a Federal High Court struck out President Buhari’s suit against High Chief Raymond Dokpesi, owners of AIT and Ray Power FM over the allefed dafeamtory broadcast against him during the 2016 presidential election campaign.

The suit was struck out due to lack of diligent prosecution.

In the course of the year, the Supreme Court’ decided appeals from the decisions of States Government Electoral Petition Tribunals.

Precisely, on February 3, the Supreme Court upheld the election of Okezie Ikpeazu of the Peoples Democratic Party as governor of Abia State.

The court gave the ruling validating the April 11 governorship election late night and reversed the decision of the Court of Appeal, which nullified Mr. Ikpeazu’s election on December 31, 2015.

The Supreme Court ruled that Mr. Ikpeazu of the PDP won the lawfully cast votes in the April 11, 2015 election.

In the same vein, the apex court upheld the election of Udom Emmanuel of the PDP as governor of the oil-rich Akwa Ibom State.

The court gave the ruling validating the April 11 governorship election, having reversed the decision of the Court of Appeal, which nullified Udom’s election.

The Supreme Court ruled that Udom of the PDP, won the lawfully cast votes in the April 11, 2015 election.

Similarly, it affirmed the election of Governor Seriake Dickson of Bayelsa State.

The court upheld the decision of the appeal court, saying that the appeal before the court lacked merit and later gave reasons for the judgement on November 18, 2016.

The seven-man panel of the apex court led by Justice Tanko Muhammad, in a unanimous decision dismissed the appeal filed by the All Progressives Congress’ candidate in the last governorship election in Bayelsa State, Timipre Sylva on ground that it was lacking in merit.

The same applied to the case of the governor of Kogi State, Yahaya Bello, in which the apex court affirmed the judgment on the Kogi State Election Petition Tribunal, which earlier affirmed the election of the governor.

According to the court, the deputy governorship candidate of the All Progressives Congress (APC) in last year’s governorship election in Kogi State, James Abiodun Faleke, could not be declared the winner of the poll because the law did not support the request.

The apex court, among others, said that Falake, whose joint ticket with the governorship candidate of the party, late Prince Abubakar Audu, had garnered 240,873 votes before Audu died, cannot benefit the votes or take the place of Audu, because he did not meet the condition precedent.

In the reasons advanced for the judgment delivered by Justice Kudirat Kekere-Ekun, the court held that Falake, who did not obtain nomination form and did not participate in the primary election of the party, could not, under any circumstances, replace the late Audu.

Besides, Justice Kekere-Ekun, said that before the sudden death of Audu, after the November 21 governorship election, the Independent National Electoral Commission (INEC), had already declared the election inconclusive and that since the election had not been completed and the final result was not issued by the electoral body, Faleke, as a running mate, cannot claim victory in the election.

In the course of the year, the National Judicial Council (NJC), which has the responsibility of sanctioning erring judicial officers, wielded its big stick when it sacked several judges over allegations of corruption and judicial misconduct.

Some of judges recommended by the NJC for dismissal included Justice Mohammed Yunusa of a Federal High Court sitting in Lagos over allegation of official misconduct.

The council also dismissed an Osun State judge, Justice Olamide Oloyede, for writing a petition to the Osun State House of Assembly against the state governor, Rauf Aregbesola.

Justice Yunusa was dismissed for granting an injunction stopping the Economic and Financial Crimes Commission (EFCC) from probing Stella Oduah, who is accused of massive embezzlement of public funds and numerous acts of fraud in contracts.

Justice Oloyede, a female judge in Osun State, was also sacked by the NJC.

In 2015, Ms. Oloyede caused a scandal when, as a serving judge, she petitioned the Osun State House of Assembly urging them to impeach Governor Rauf Aregbesola whom she accused of corruption.

In October, the Council sacked three judges found to have abused their office by accepting gratifications from litigants before their courts.

The judges suspended from office with immediate effect were the Presiding Justice of the Court of Appeal Ilorin Division, Justice Mohammed Ladan Tsamiya, Chief Judge of Enugu State, Justice I. A. Umezulike and Justice Kabiru M. Auta of the High Court of Justice, Kano State.

The Council recommended compulsory retirement of the three judicial officers after due consideration of petitions against them.

Also in the year ended and for the first time in the history of the country, judges were arrested by the DSS in a sting operation and some of the Judges arrested by operatives of the DSS were put on trial by the Federal Government.

They include a Justice of the Supreme Court, Justice Sylvester Ngwuta, who is standing trial before Justice John and Justice Adeniyi Ademola with his wife who was arraigned before a High Court of the Federal Capital Territory, Abuja over allegation of corruption.

Also in this year, there was a change of batton in the leadership of the nation’s judiciary the immediate past Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed bowed out, having attained a mandatory retirement age of 70 years and Justice Walter Onnoghen stepped in as acting CJN.

Also in the year under review, there were appointments into the office of Justice of the Supreme Court following the death of late Justice Niki Tobi and retirements of some justices of the apex court.

The appointments of the justices by the president, on the recommendation of the NJC brought the number of justices of the apex court to 17.

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