- NBA starts 2-day boycott
- CCT adjourns indefinitely
- APC senators kick as Senate challenges suspension
The National Judicial Council (NJC) will meet today in Abuja over the suspension of the Chief Justice of Nigeria (CJN) Walter Onnoghen and the appointment of Justice Ibrahim Tanko Mohammed in acting capacity.
It is not yet clear who will preside over the meeting, a senior lawyer, who is in the know of activities of the council, told Daily Trust yesterday.
“The notice sent for the meeting did not indicate who will preside. But before the crisis, the rule says the chairman presides (Justice Onnoghen), and where he is absent the deputy chairman (Justice Mohammed) will preside,” he said.
“But as it stands, it is only when the members get to the meeting that they will decide who will preside,” he added.
However, there are suggestions that the President of the Court of Appeal (PCA),
Justice Zainab Bulkachuwa may get the nod to chair the meeting.
Other members of the NJC are: retired Justice of the Supreme Court (JSC) Emmanuel Olayinka Ayoola; retired JSC S. A. Akintan; former President of Court of Appeal Umaru Abdullahi; retired Justice of the Court of Appeal V. O. A. Omage; Chief Judge of the Federal High Court Adamu Abdul Kafarati; President of the National Industrial Court Babatunde Adejumo;
Chief Judge of the FCT High Court Ishaq Usman Bello; Chief Judge of Oyo State M. I. Abimbola; Chief Judge of Borno State Kashim Zannah; Chief Judge of Imo State Pascal Nnadi; Chief Judge of Delta State Marshall Umukoro; Grand Khadi, Kwara State Sharia Court of Appeal Justice Mohammed Ola Abdulkadir;
President, Customary Court of Appeal, Plateau State Julia Asabe Kyentu; President of Nigeria Bar Association (NBA) Paul Usoro; former president of NBA Abubakar Balarabe Mahmoud; Member of NBA Muiz Banire; Member of NBA Damian Dodo; Member of NBA Efe Etom; retired public servant Hajiya Rakiya Sarki Ibrahim; retired permanent secretary Mrs R. I. Inga; and Ahmed Gambo Saleh (Executive Secretary of NJC).
NBA to boycott courts for 2 days
The Nigerian Bar Association (NBA) rose from its emergency meeting on Monday with a decision to boycott the courts nationwide for two days following the suspension of Onnoghen.
The NBA said the warning strike is to press for the reversal of Buhari’s decision to appoint Justice Tanko Mohammed as Acting CJN on Friday.
The NBA President, Mr Paul Usoro, said “The decision of NEC is that to show the displeasure of the body of lawyers with regards to what has happened so far, it has been decided by the NBA NEC that lawyers should go on a two-day boycott of courts nationwide.
“That is from tomorrow, Tuesday Jan. 29 and also Wednesday, Jan. 30, all lawyers should stay away from courts. This is to register the discontent of the NBA with the incident that has happened, and the fact that due process was not followed with regards to the matter of the Chief Justice of Nigeria,” Usoro said.
Acting CJN sits over appeals
The Acting CJN yesterday presided over civil appeals at the Supreme Court. Mohammed sat with five other panel members including Justices Mary Odili, Amiru Sanusi, Adamu Galinji, and Kudirat Kekere-Ekun.
The panel heard some civil motions including: Edak Ekepenyong Okon Edak & Ors Vs Patrick Edem Archibong & Ors.; Eddy Motors Nig. Ltd. Vs Mainstreet Bank Ltd; Folorin Rotimi Williams Esq & Another Vs Adold/Stamm International (Nig) Limited & Anor.
The panel later rose and was reconstituted with the Acting CJN Mohammed still presiding. But this time, Justice Uwani Musa Abba-Aji joined the panel.
The panel considered more civil motions including: Nursing and Midwifery Council of Nigeria Vs Patrick Ogu & anor; Delmas & Ors Vs Sunny Ositez International Nigeria Limited; and PDP Vs Tony Ekenediri Chukwu anyawike & Ors. This is the first time Justice Mohammed is presiding over the apex court’s proceedings since his appointment by President Buhari following the suspension of Onnoghen.
Onnoghen was not in the office, including most of his staff. The Acting CJN also disclosed plans to produce new rule on documents filed in the Supreme Court and other courts of record.
Justice Mohammed made this disclosure while hearing the appeal between Nigerian Communications Commission Vs Motorphone Limited & Anor before the apex court on Monday.
Justice Mohammed pointed out to the counsel to Motorphone Ltd, Yemi Candid-Johnson (SAN) that his font size and spacing for his motion were too small.
“The spacing half spacing and the character is too small. None of us sitting here is less than 50 years, our eyes are already seeing the great beyond,” he told the lawyer.
“We would limit the number of spaces and pages in court processes. We used to suffer going through these and we don’t do any other work except this. And one would be sitting up till 1 am.”
Candid-Johnson assured the panel that even before a new rule is produced, he has taken the hint of the court to make his processes easier to read.
CCT adjourns case indefinitely
Meanwhile, the Code of Conduct Tribunal (CCT) has adjourned sine die (indefinitely) the trial of Onnoghen.
Onnoghen was charged before the tribunal by the Code of Conduct Bureau (CCB) on a 6-count charge of non-declaration of assets.
At the resumed hearing yesterday, prosecution counsel, Musa Ibrahim, said in view of the order from the Court of Appeal, the prosecution would be asking for adjournment pending the ruling of the Court of Appeal.
The lead defence counsel, Kanu Agabi (SAN) said the defence does not have any objection to the application.
The tribunal chairman, Danladi Umar, thereafter asked the counsels: “Do you want us to adjourn for a few weeks within which the Court of Appeal would have made its decision and you would come back here to update us?”
Agabi prayed that the matter be adjourned sine die.
The tribunal chairman held that “In view of the order of the Court of appeal to stay proceeding, I have the respect for the Court of Appeal, I hereby adjourn the matter sine die pending the determination of the case at the Court of Appeal.”
Daily Trust observed that only a member of the tribunal joined its chairman during yesterday’s sitting. The other member of the tribunal that was absent today is William Atedze Agwadza.
An official of the tribunal told our reporter that Agwadza called in sick today and that he said he was in the hospital.
Agwadza had given the minority ruling at the last sitting asking the tribunal to obey the several court orders restraining it from continuing with the trial.
However, the chairman and member 2 had held that the several court orders do not have binding effect on the tribunal as the tribunal is on a coordinate jurisdiction with the courts from where the orders emanated. His name was also missing on the ex-parte order the president used in suspending Onnoghen.
Why we didn’t address ex-parte order – Defence lawyer
One of the lawyers on Onnoghen’s defence team, Chris Uche (SAN) while addressing journalists at the end of yesterday’s proceeding said the team did not mention the ex-parte order that led to Onnoghen’s suspension because they needed to be cautious and that it was part of their strategy.
“We are investigating what happened because we were all here on January 22, so we don’t know how this (exparte order) happened but we are not going to commend on it now until we get all facts. That is why we didn’t raise it before the tribunal,” Uche said.
APC senators kick as Senate challenges Onnoghen’s suspension
The Senate yesterday shelved its decision to reconvene today over the issue and opted for seeking the interpretation of the Supreme Court as to whether President Muhammadu Buhari usurped the powers of the Red Chamber by the suspension or not.
However, senators of the All Progressives Congress (APC) said through the Senate Leader Ahmad Lawan (APC, Yobe) that the Senate did not take any decision to approach the Supreme Court on the matter and dissociated themselves from it.
A statement by the Special Adviser to the Senate President on Media and Publicity, Yusuph Olaniyonu, had earlier said that the Senate cancelled the emergency resumption due to the filing of the case.
”Earlier today, the Senate filed a case in the highest court of the land, the Supreme Court, seeking its interpretation on whether President Muhammadu Buhari acted within the provision of the constitution in his suspension of the Chief Justice of Nigeria (CJN), Hon. Justice Walter Nkannu Onnoghen or whether the action of the President does amount to usurpation of the powers of the Senate as provided for in Section 292 of the constitution.
“Following the filing of the case, the matter of the suspension of the CJN which is the main issue for which the Senate had planned to reconvene tomorrow, has become subjudiced. The previous adjournment of the Senate till February 19, 2019 stays,” the statement said.
But Senate Leader Lawan, said “It has come to the notice of the Senate APC Caucus that the Senate has approached the Supreme Court for the interpretation of the suspension of Justice Walter Onnoghen by the President Commander-in-Chief of the Armed Forces.
“For the records, the Senate never met to take any such resolution, and at no time mandated anyone to approach the Court on this matter on its behalf. Consequently, the Senate APC Caucus dissociates itself from the said request for the legal interpretation of the suspension,” Lawan said.
However, Olaniyonu later told Daily Trust last night that such a matter did not need to be discussed at the Senate in plenary but at the leadership level, saying Saraki has consulted majority of the 10 principal officers and that they agreed for the Senate to approach the Supreme Court.
