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Stop Attacking Judges, CJN, NBA Tell Politicians …Say Public Sentiments Can’t Displace Law

Published

9 months ago

November 29, 2023

The Chief Justice of Nigeria, Olukayode Ariwoola, on Monday, said public opinions and sentiments could not displace the law of the country, urging judges to be impartial in discharging their duties.
His position was backed by the Nigerian Bar Association (NBA) as it condemned the attacks on the judiciary in recent times.
Ariwoola, who spoke at the special court session to mark a new legal year and swearing-in of new Senior Advocates of Nigeria in Abuja on Monday, also said most cases should end at the Court of Appeal.
He insisted that the appellate court was competent, and well-equipped to adjudicate effectively on most matters.
He urged Nigerians not to take every dispute to court, stressing that not all appeals should be brought to the apex court for adjudication.
He said, “Even as we celebrate the successes recorded in the past legal year in the disposal of cases, I would like to admonish all Nigerians on the imperative of being less litigious and be more disposed to alternative dispute resolutions to free the courts of this unnecessary over-stretching of both human and material resources. I have made it clear on different occasions that it is not every dispute that must find its way to the court, and it is not every matter that must come up to the Supreme Court on appeal.
“Our laws have to be amended to make most appeals to end at the Court of Appeal, which is competent, dexterous, and well-equipped with the right materials and manpower to adjudicate effectively and resourcefully. In every dispute, only one party must win; and winning could come after intense legal fireworks that are transparent and based solely on subsisting laws of the land. We cannot import foreign laws to try our cases here, as some litigants would erroneously and desperately want us to do in the quest to get victory.”
Ariwoola also urged judicial officials not to be intimidated by the actions of mobs or crowds, adding that cases should not be determined by sentiments.
He said, “The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to sever the strings of emotion from logic and assumption from fact. We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.
“Nevertheless, unnecessary and unwarranted utterances are bound to embarrass not only others, but the judge himself; thus what should be asked, should be asked, and what should not be asked, should be avoided. I admonish our judges to, as usual, receive what is tendered in court and eschew what is against the law and facts after thorough analysis and assimilation both in and out of court, which exercise is, of course, part of judgeship.”
The CJN also called for statutory protection for judiciary independence at the federal and state levels.
He said, “We expected the independence of the judiciary to be given adequate statutory protection, not just at the federal level alone but equally at the state level so that they could be seen to be truly and genuinely independent in all ramifications. The rule of law, with all its well-understood facets, has been highly questionable since the advent of democratic governance in 1999.”
Ariwoola, however, called on the judges not to be partial while discharging their duties, describing impartiality as the hallmark of a judge.
He said, “Therefore, it is our solemn responsibility to keep the river clean at all times. Needless to say, impartiality is the hallmark of a Judge. So, I admonish all of us to always be impartial in all our judgments. I am saying all these now because I will never have this great privilege and opportunity to address the galaxies of legal luminaries, judicial icons, and distinguished personalities in the justice sector of our dear nation in another legal year of the Supreme Court as Chief Justice of Nigeria in my entire lifetime again.”
Ariwoola urged judicial officers to be honest while discharging their duties, stressing that his expectation was for “every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses, and members of the bar, and discharge all your judicial functions with all the humility at your command.”
He stated that while doing this, it was still necessary for judicial officers to have at the back of their minds that public opinions, sentiments, or emotions could never take the place of the law in deciding cases.
Ariwoola said the apex court received 1,271 motions and appeals between September 2022 and July 2023.
According to him, the apex court heard 388 political appeals, 215 criminal appeals, and 464 civil appeals.
He said, “The matters filed at the Supreme Court from September 12, 2022, to July 11, 2023, are 1,271, comprising motions and appeals. Out of these, we heard 388 political appeals, 215 criminal appeals, and 464 civil appeals. Similarly, the court considered a total number of 49 criminal motions, 153 civil motions, and two political motions.
Between September 30, 2022, and July 11, 2023, the Supreme Court delivered a total number of 251 judgments. Out of these, 125 were political appeals, 81 were civil appeals and 45 were criminal appeals. Within the period under review (precisely 10 months’ duration), a total number of 91 Rulings were delivered by the Honourable Court”.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, called for a reduction to the number of appeals that get to the apex court.
He said, “We must begin to develop innovative solutions towards enhancing the working capacity of the Supreme Court, cutting down on the number of appeals that get to this Honourable Court, implementing critical judicial reforms, as well as adopting alternative dispute resolution mechanisms.”
Advising the SANs, Fagbemi warned that unlike before if the rank is withdrawn, it would not be restored.
He said, “One of the highlights of the new guidelines is that, unlike the 2018 guidelines which contain provisions for discipline of erring holders of the rank and for the restoration of the rank after three years of withdrawal upon the fulfillment of certain conditions, the 2022 Guidelines makes no provision for the restoration of the rank after withdrawal.
“In other words, once the Legal Practitioners Privileges Committee under the provisions of Paragraph 26(4) of the Guidelines withdraws the rank from any holder who may have breached the provisions in sub-paragraph (a)-(h), the withdrawal is final and the rank cannot be restored afterward. “
He also warned lawyers against analysing cases before the courts in the media.
Fagbemi said, “It is unprofessional for a legal practitioner nor a Senior Advocate of Nigeria to be seen engaging in the analysis of cases pending before the court. It is fast becoming a sad norm and regrettably so, for legal practitioners to appear on television or radio stations discussing pending matters. We have also seen lawyers after court sitting discussing what transpired in the proceedings. You must resist the urge to engage in such practice. You must also reject the temptation by media houses inviting you to analyse or discuss pending matters.”
The President of the Nigerian Bar Association, Yakubu Maikyau, SAN condemned the attacks on the judiciary in recent times.
According to him, 90 per cent of the attacks were from election-related matters.
He said, “There has never been a time in our history that the judiciary came under attack like this time, and my lords will agree with me that more than 90 per cent of these attacks stem from election-related matters, which in so many ways have affected the other matters being handled by the courts. The question is, why do we have the preponderance of these accusations arising from electoral matters? – in cases dealing with politicians and political interests.”
The NBA president noted that the allegations by politicians had impacted the public perception of the judicial system.
He said, “The accusations and name-calling have, however, in recent times acquired a dimension that calls for grave concern and action. Whether we like it or not, it is these accusations, unfounded as they may be or can be, arising from these political matters, that have largely shaped the public perception of the judiciary in Nigeria. Have we, members of the Bench and Bar, who are privileged to be the ones to guide the public in regard the matters of justice, contributed in any way to fuelling this negative public perception? “
He, however, urged judges to be above board and ensure justice was seen to be served in every matter.
He said, “It is in this wise that your lordships must not only serve justice but must ensure that justice is seen to have been served. As a matter of fact, beyond these, your lordships are under an additional duty to persuade or convince the public for whom justice is served, that indeed, justice has been served in any given situation. This duty, my lords, cannot be discharged by either the executive or the legislature. It is the exclusive preserve of the judiciary”.

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Stop Creating Enmity, It’ll Hurt You, Fubara Tells Police …Donates 100 Vehicles To Boost Response To Emergencies

Published

4 days ago

September 4, 2024

The Tide

Rivers State Governor, Sir Siminalayi Fubara, has advised partisan police officers who abandon their core professional responsibilities to pursue vested political interests to know that the enmity they fuel and eventually create will hurt them in the long run.
Governor Fubara maintained that police officers are engaged and trained as professionals to protect lives and property while contributing to the desired peace in the State as a patriotic duty.
The Governor insisted that it is, therefore, an aberration for any of them to think that protecting any particular individual or being one-sided in the political affairs to the detriment of the State amounts to professionalism.
Governor Fubara gave the advice at the inauguration and formal handover of 100 operational vehicles acquired by his administration to the Rivers State Police Command at the Sharks Football Stadium in Port Harcourt, yesterday.
The Governor said: “I need to say this, so that you will understand. When you (Disu) came into Rivers State, and I had my encounter with you, I requested for only one thing: That I will never ask you to do what is wrong, so do what is right. Protect the lives and property of Rivers people. Don’t be partisan.
“We have seen those people that were partisan; how they ended. And, I am saying it here, to every one of you that is an officer that is being partisan: you will see how you will end.
“So, work in such a way that when your name is mentioned in this State, or your children come to this State, you won’t be scared. This is important.”
Governor Fubara urged them to forget about the current ongoing political anxiety in the State, because, according to him, nothing will last forever.
He charged them to conduct their operations as real professionals that have been so trained so that they can be effective in the responsibility of protecting lives and property of people in Rivers State.
Governor Fubara said: “It is not to protect any individual. It is not to be one-sided in the political affairs of the State. Politics will come and it will go.
“The enmity you are creating, for those of you that are partisan, will live with you forever. So, I want to advise you, I have said it before, and I am saying it again: I will never ask any of you to do what is wrong. My appeal is: stand on the ethics of your profession, protect lives and property of Rivers people. Be fair to all.”
Commenting on the donated vehicles, Governor Fubara said it is an achievement of the Commissioner of Police whose idea it was to make such operational vehicles available for his Command.
Governor Fubara explained that what he had originally planned was to provide very high-profile vehicles to all the security agencies in the State to enhance their operational capabilities much more.
He said: “But, the CP advised that he did it sometime in Lagos State; that we should adopt that model by acquiring these vehicles you are seeing here: the Toyota Sienna, Camry and Collora, and I bought into the idea.
“And why are we doing this? We discovered that the response time to crime scenes; launching attacks against acts of criminality, were slow because you (police) lack mobility.
“And what we just did was a first phase of support to the Nigerian Police. We also intend to come again to give you other sophisticated vehicles to support what you are doing,” the Governor added.
Governor Fubara assured that as a State Government, his administration will continue to support the police because, as he put it, they are worthy friends to have since criminals cannot be friends to covet.
He emphasised: “So, we need to accommodate you. We need to tolerate you. We need to work with you so that at the end, people can live freely, move freely, and do their businesses freely in Rivers State.
“My Honourable CP, like I said before privately, I am saying it again: I want to appreciate you. We will give you all the support to succeed. I will give you all the support that will help to build your name into better reckoning when you leave here. I am very sure God will elevate you positively,” he added.
In his opening remarks, the Rivers State Commissioner of Police, Olatunji Disu, described the event as a significant milestone in the ongoing commitment towards achieving safety and security of the State.
CP Disu expressed gratitude to Governor Fubara for his unwavering support to the State Command of the Nigerian Police Force, which has translated in their dedication to serving the welfare of the various communities.
He said: “I stand before you filled with gratitude as we gather to commission these 100 vehicles, a generous donation from our esteemed Governor, Sir Siminalayi Fubara.
“This act of generosity, not only enhances our operational capacity, but also reflects your deep concern for the citizens of the State.
“These vehicles will empower our officers, enabling them to respond more swiftly and effectively to emergencies, and enhance our community policing efforts. With your support Sir, we are reinforcing our resolve to combat crime and uphold the rule of law.”
CP Disu, on behalf of the entire Rivers State Police Command, thanked Governor Fubara for his unparalleled leadership, and commitment to good governance in the State.
He assured that, together, the Police Force will continue to work tirelessly, and perform its professional duties in keeping Rivers State safe and secured for everybody.

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New Pump Price Of Petrol Worrisome, Unfair -NECA D-G

Published

4 days ago

September 4, 2024

The Tide

The Nigeria Employers Consultative Association (NECA) says the new hike in pump price of Premium Motor Spirit (PMS), also known as petrol, is worrisome and unfair.
The Director-General of NECA, Mr Adewale-Smatt Oyerinde said this in a statement while reacting to the new hike in pump price of PMS in Abuja, yesterday.
The Tide’s source recalls that the Nigerian National Petroleum Company Ltd. (NNPCL) had said that with effect from Sept. 3, the new pump price of PMS would be N897 per litre.
According to Oyerinde, the new pump price of petrol is not only worrisome but also unfair.
“We had expected that the government will leverage on the momentum created by the completion of the Dangote refinery and the planned commencement of operation of the Port-Harcourt refinery.
“This is in order to clear the obvious self-inflicted pain on Nigerians and progressively reduce the pump price of petrol. This seems not to be the case.
“This new pump price could be seen as making Nigerians to pay for the crass inefficiency in the NNPCL,” he said.
He said that rather than address the fundamentals that have made Nigeria a net importer of petrol, even when we have four refineries, government have continued to inflict pain on Nigerians.
According to him, the government is, advertently, contributing to the increase in cost of doing business.
“We advise that government should have a rethink and do all that is necessary to address the continuous impoverishment of Nigerians and incapacitation of organised businesses,” he said.

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China, Nigeria Pledge To Strengthen Ties

Published

4 days ago

September 4, 2024

The Tide

President Xi Jinping has declared his readiness to work closely with President Bola Tinubu to fully unleash the exemplary roles of China-Nigeria diplomatic friendship and advance China-Africa cooperation.
Xi disclosed this in Beijing at the meeting with Tinubu, who was on State Visit to the Great Hall at the invitation of the Chinese President.
The meeting is in view of the 2024 summit of the Forum on China-Africa Cooperation (FOCAC) scheduled to hold from Sept. 4 to Sept. 6 in Beijing, China.
During their meeting, Xi stated that since the past half of a century that China and Nigeria established their diplomatic ties both parties have always treated each with mutual understanding.
Xi said, “We have found the path of seeking collective strength, unity and win-win cooperation, until this point China and Nigeria as major developing countries have strengthened strategic cooperation and set new vistas for China-Africa Relations in the new era.
“This has further spearheaded common progress among global South countries; I propose elevating our bilateral ties to a comprehensive strategic partnership.
“At the upcoming 2024 FOCAC summit, we will jointly take stock of the experience of China-Africa friendship and advance the building of high level of China-Africa community shared future.
“China and Nigeria alphabet worked closely together under the FOCAC framework and jointly carried out strategic cooperation projects.
“I am ready to work with Mr President, to fully unleash the exemplary role of China-Nigeria cooperation, to advance China-Nigeria and China-Africa relations toward a new and greater achievement.”
Responding, Tinubu expressed appreciation to Xi, saying the visit marked his second visitation to the country.
According to him, the first time was during his tenure as the then governor of Lagos and now, as president.
“This is a very important visit for Nigeria and the rest of Africa as the Chairman of ECOWAS.
“China and Nigeria relations have indeed lasted for over a half a century and will continue to be strengthened to advance our trade and economic development.
“Nigeria has a very great potential as the country with largest population in Africa and biggest in the area of young population that can drive the economic growth.
“You have upgraded the relationship to what is more than just strategic in addressing developmental problems.
“The strategic partnership should result in our regional development, peace stability and security in West Africa, which has become crucial,” Tinubu said.
He said that Nigeria was in the path to ensure economic reforms, adding that when fully implemented, such reform would engender sustainable growth.
“We have recognised the need to reform our economic programme and taken strategic measures to realise such goals.
Highpoint of the meeting was the signing of Memorandum of Understanding (MoU) on Belt and Road Initiative projects, news exchange cooperation, cooperation on television, among others.
President Tinubu was accompanied by Minister of Foreign Affairs, Yusuf Tuggar, Sen. Uba Sani, Governor of Kaduna and Gov. AbdulRahman AbdulRasaq of Kwara, among others.