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5-Point Agenda For New CJN by Eminent Nigerian Lawyers

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…By Ernest Ojukwu, SAN; Sam Erugo, SAN; Chidi Anselm Odinkalu; and; Mbasekei Martin Obono

Amid the greatest crisis of judicial authority since Nigeria’s independence in 1960, President Bola Ahmed Tinubu on 23 August 2024 swore in an Acting Chief Justice of Nigeria (CJN). For the new Chief Justice, this challenge is also an opportunity to articulate an agenda for reform that can restore public trust in the judiciary. Such an agenda must address the following:

(a) ensuring merit-based judicial appointments;

(b) addressing the problem of abuse of interim injunctions, ex-parte orders, and conflicting judgements;

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(c) enhancing judicial discipline and accountability;

(d) addressing the crisis of political cases, election petitions, and judicialisation of politics; and

(e) reform of the Supreme Court.

1.JUDICIAL APPOINTMENTS*

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The National Judicial Council (NJC), which oversees judicial appointments and is led by the CJN, has been severely criticised for mishandling judicial appointments. In 2020, for instance, it authorised 15 vacancies for the Federal Capital Territory High Court but nominated 34 for appointment.

The NJC has also been accused of retrenching its Procedural Rules for judicial appointments, thereby undermining merit-based appointments; compromising judicial integrity; and breeding a loss of confidence in the judiciary.

Against this background, it is of the utmost importance that the new CJN commits explicitly to a policy of restoring integrity and merit to judicial appointments through the introduction of transparent processes of advertisement of vacancies; nomination of candidates, interviews, short-listing, and selection.

2.CONFLICTING JUDGEMENTS AND ABUSE OF INTERIM INJUNCTIONS
Rule 3 (3.5) of the Judicial Code of Conduct provides that “a Judicial Officer must avoid the abuse of the power of issuing interim injunctions, ex parte.” Although the standards governing interim injunctions are very well established in Nigeria, these are often either disregarded or abused without consequences.

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Equally, courts of co-ordinate jurisdiction routinely issue conflicting orders that seem almost calculated to damage the institution of the judiciary.

It is suggested that:
(a)Priority should be accorded to monitoring and reporting interim or ex parte orders by trial judges. There should also be clear consequences attached to a breach of the Judicial Code of Conduct.

(b)Judicial appraisals should be both quantitative and qualitative. Accordingly, they should proactively address evidence of ethical deficits in the work or output of judges, focusing on adherence to ethical guidelines and the quality of judicial decisions.

(c)There should be clear Practice Directions on the management of jurisdictional overlaps. The structure and scope of such overlaps should be discussed at the All Nigerian Judges Conference and the Practice Directions should be uniform across all the court systems in the country.

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(d)The NJC should establish a central database or easily searchable platform for judges to share information on ongoing cases.

3.DISCIPLINE AND ACCOUNTABILITY
Preserving the dignity and integrity of the judiciary hinges on upholding discipline and accountability which is in turn essential for preserving the institutional authority of the judicial branch. If the judiciary lacks credibility, its authority suffers irredeemably.

Tragically, this eventuality may already be upon us. A recent survey by the United Nations Office of Drugs and Crime (UNODC) and the National Bureau of Statistics (NBS) finds the judiciary as the recipient of the highest per capita rates of bribery, ahead of both the Nigeria Police Force and the Nigerian Customs Service.

The damage that this does to the institutional credibility and authority of the judiciary is incalculable. To reverse this, it is suggested that:
(a)Disciplinary processes within the judiciary should be both prompt and decisive and dispositions should be calibrated to be proportionate to the seriousness of the misconduct found.

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(b)Reports on disciplinary investigations by the NJC should routinely be transmitted to law enforcement agencies for follow-up.

(c)The CJN should initiate public consultation leading within six months to an announcement of measures designed to address the escalating patterns of judicial corruption as documented by the UNODC-NBS Corruption in Nigeria Report 2024.

4.ELECTION PETITIONS AND POLITICAL CASES
Political cases and election petitions now increasingly threaten the foundations of fairness on which the judicial system should be anchored. Of 248 judgements issued by the Supreme Court in the last judicial year, 74 or about 30% were “political cases.”

At a similar occasion only two years ago, his predecessor reported that the court’s portfolio of 269 appeals disposed of included 139 civil appeals, 102 criminal appeals, and 28 “political cases.”

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The volume of election petitions has become an adverse charge on the credibility of the judiciary and an intolerable burden on both judges and non-political court users alike.

Underlying this burden is a judiciary that has installed itself as the sole dispenser of electoral mandates, with judges routinely substituting their views for the votes of the people contrary to the considered recommendations of two presidential panels on electoral reform led respectively by former Supreme Court Justice, Bolarinwa Babalakin in 1986 and by former Chief Justice Mohammed Lawal Uwais in 2008. It is suggested that:

(a)The Chief Justice should initiate reform of the election dispute resolution system to ensure the implementation of the Babalakin Commission and Uwais Panel recommendations concerning the need for Courts to respect and not subvert the will of the people in elections.

(b)The category of “political” cases should be reviewed and court systems should be encouraged to establish Alternative Dispute Resolution (ADR) mechanisms for political disputes.

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(c)Consideration should be given to utilizing retired senior judges for the administration of election dispute resolution, so that serving judges may be preserved for regular court work.

(d)Election petitions should be disposed of before inauguration. The current practice whereby candidates are sworn in despite pending petitions against them facilitates judicial capture.

5.REFORMING THE SUPREME COURT
The Supreme Court is overburdened and its Justices are paying for this with their lives. In the 30 months from the beginning of 2021 to the middle of 2023, three Justices of the Supreme Court tragically died in service.

This period coincided with a revolt by Justices against the conditions of work and judicial well-being at the Supreme Court. These two developments underscore very clearly the urgent need for reform of the Supreme Court.

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As the apex court, the Supreme Court should settle the most rarefied questions of law and legal policy in Nigeria.

Instead, it is burdened with inconsequential appeals and crippled by priority to political cases.

The result is a court with an ungovernable docket which also endangers the constitutional promise of fair trial “within a reasonable time.”

Structural and procedural enhancements needed to improve the efficiency and effectiveness of the Supreme Court will include:
(a)The National Assembly should review and re-enact the Supreme Court Act and amend the Constitution to limit the kinds of cases or appeals that can be introduced to the Supreme Court.

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(b)The full digitization of the Supreme Court is overdue. Judgements should be publicly available on the day they are delivered and it should be possible to do filings at the court remotely.

(c)The Court needs to implement a structured system of judicial clerkships which would help to relieve Justices of some of the tedium of research and writing.

CONCLUSION
Far from being exhaustive, this five-point agenda only highlights pressing priorities for the incoming CJN. There remain important issues, such as the question of whether the NJC has continuing relevance; what should be its composition (if it continues to exist), and whether or not it should continue to co-exist as it presently does with the Federal Judicial Service Commission (FJSC).

As the African Commission on Human and Peoples’ Rights declared in 2009: “Courts need the trust of the people to maintain their authority and legitimacy. The credibility of the courts must not be weakened by the perception that they can be influenced by any external pressure.”

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Success in judicial reform will depend on engaging a broad constituency of stakeholders, especially citizens, civil society, and court users. By fostering a collaborative approach to judicial reform, the CJN can construct the foundations for reclaiming public trust.

The measures suggested here can reverse inefficiencies; retrench renegades from the system; and reposition the judiciary as an institution fit for the changing landscape of a complex political economy.

By implementing these changes, the new CJN can rebuild public confidence; put the judiciary on track towards credibility; and guarantee a legacy that will be evergreen at the end of her tenure.

Prof. Ernest Ojukwu, SAN is former Deputy Director-General of the Nigerian Law School
 

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Prof. Sam Erugo, SAN is former Dean of Law, Abia State University

Prof. Chidi Anselm Odinkalu, former Chair of Nigerian National Human Rights Commission teaches at the Fletcher School of Law and Diplomacy at Tufts University

Mbasekei Martin Obono, a lawyer, is Executive Director of TAP Nitiative, a Citizens’ Advocacy Organisation

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Kano moves to establish more military bases as bandit attacks escalate

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The Kano State Government has announced plans to establish additional military bases in security-prone parts of the state following growing concerns over the infiltration of armed bandits from neighbouring states.

Governor Abba Kabir Yusuf disclosed the development after meeting with the Minister of Defence, saying the Federal Government had agreed to strengthen military presence in vulnerable areas of the state.

The proposed military bases are expected to cover areas considered vulnerable to bandit attacks, including Shanono, Bichi, Gwarzo, Doguwa and Tudun Wada, among others.

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The move comes amid increasing security concerns in communities located close to Kano’s borders with neighbouring states, where residents have reportedly faced attacks by armed criminals, resulting in deaths, injuries and disruption of economic activities.

The Commissioner for Local Government and Chieftaincy Affairs, Alhaji Muhammad Taju Usman, disclosed the latest government resolutions after a September 5, 2026 meeting involving Governor Yusuf and the chairmen of the 44 local government councils.

Also at the meeting were the Speaker of the Kano State House of Assembly, the Commissioner for Local Government and Chieftaincy Affairs and the state Accountant-General.

Usman said security dominated the meeting, alongside discussions on infrastructure and human capital development.

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According to him, Governor Yusuf’s meeting with the Defence Minister produced an agreement on the need for additional military bases in local government areas identified as vulnerable to security threats.

He said the proposed bases would complement existing security structures involving the Nigeria Police Force, Neighbourhood Watch and Forest Guards.

The commissioner said the initiative was aimed at improving rapid response to attacks, strengthening security coverage, protecting communities and safeguarding lives and property.

N27.8bn ICT Centres for 44 LGAs

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Beyond security, the state government announced a series of development initiatives targeted at the 44 local government areas.

Usman said contracts had been awarded for the construction and provision of Computer-Based Test and Information and Communication Technology centres in all 44 LGAs.

The project, valued at N27.8 billion, is expected to improve students’ access to internet-enabled facilities for Joint Admissions and Matriculation Board examinations and other computer-based tests.

The commissioner said implementation would commence immediately.

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Rural Ambulances for Every Ward

The government also resolved to provide one rural ambulance to each ward across the state as part of efforts to improve access to emergency and basic healthcare services.

According to Usman, two drivers would be employed for each ambulance, with preference given to qualified residents of the affected wards.

Solar Streetlights, EV Charging Points

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The state government is also planning a pilot scheme for electric vehicle charging stations at strategic locations across the Kano metropolis.

Usman said the charging infrastructure would initially be introduced as a pilot project before possible expansion based on its performance.

He added that the installation of solar-powered streetlights across the 44 LGAs would begin immediately, following facilitation by Honourable Abba Bichi.

The project, he said, would improve public lighting, enhance security and support the state’s sustainable development efforts.

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More Grassroots Appointments

The government also approved the appointment of 50 special reporters for each local government area and 35 advisers for local government chairmen.

Usman said 15 of the adviser positions would be allocated to members of the former APC structure.

He said the appointments were designed to improve grassroots communication, public engagement and administrative effectiveness.

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BREAKING: Heavy shake up in Nigerian Army, top officers affected

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The Nigerian Army has redeployed senior officers to key command and operational positions to strengthen operational effectiveness and enhance its response to Nigeria’s evolving security threats.

The Chief of Army Staff (COAS), Lt.-Gen. Waidi Shaibu, approved the strategic postings, according to a statement by Col. Appolonia Anele, Acting Director, Army Public Relations, on Wednesday.

Under the new dispensation, Maj.-Gen. Ibikunle Ajose moves from Army Headquarters Department of Army Operations to Theatre Command Joint Task Force North-East, Operation HADIN KAI, as Theatre Commander.

Maj.-Gen. Abdulsalam Abubakar, former Theatre Commander, moves to the Nigerian Army Heritage and Future Centre as Dean, Faculty of Operational Research.

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Other senior appointments include Maj.-Gen. Aminu Umar, who moves from Army Headquarters Department of Civil-Military Affairs to Army War College Nigeria as Commandant.

Maj.-Gen. GS Muhammed moves from the Office of the National Security Adviser (NSA) to Nigerian Army Finance Corporation as Director-General.

Maj.-Gen. Julius Osifo moves from the Nigerian Army Finance Corporation to the Military Pension Board as Chairman, while Maj.-Gen. IE Ekpenyong moves to Defence Headquarters Department of Defence Logistics as Director, Engineering Services.

The Army also announced several brigade-level appointments aimed at strengthening operational and formation commands.

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Brig.-Gen. MS Adamu moves from Nigerian Army Women Command to the newly established 8 Brigade as Commander, while Brig.-Gen. MS Sule moves from Special Task Force Operation ENDURING PEACE to 27 Task Force Brigade.

Brig.-Gen. I. Sule moves from the Directorate of Recruitment Management to 6 Division Garrison as Commander, while Brig.-Gen. E Azenda moves from the Land Forces Simulation Centre to 2 Division Garrison.

According to the statement, the postings were designed to place the right leadership, experience and expertise in critical operational theatres and strategic appointments.

It said the exercise was part of ongoing efforts to align the Army’s command structure with the country’s evolving security environment.

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Shaibu charged the newly appointed officers to justify the confidence reposed in them through exemplary leadership, operational innovation and professionalism.

He urged them to remain committed to defending Nigeria’s sovereignty, protecting its territorial integrity and supporting civil authority in maintaining peace and security.

The COAS said the Army remained committed to a dynamic leadership and force-employment framework that would improve operational outcomes and strengthen joint and inter-agency coordination.

He pledged to enhance its capacity to respond decisively to contemporary and emerging threats in furtherance of Nigeria’s national security objectives.

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Akpabio Never Threatened Northerners Over 2027 — Senate President’s Aide Challenges Critics to Produce Evidence

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The Special Adviser on Media and Publicity to the President of the Senate, Rt. Hon. Eseme Eyiboh, has dismissed as a “desperate and dangerous lie” a viral statement allegedly attributed to Senate President Godswill Akpabio, claiming he threatened that Northerners would suffer if President Bola Ahmed Tinubu loses the 2027 presidential election.

Eyiboh said Akpabio “never made such a statement” and challenged those circulating the alleged quotation to produce verifiable evidence showing where, when and before whom the Senate President supposedly made the remark.

In a statement, the aide said there was no authentic video, audio recording, speech, interview, press release, transcript or credible media report establishing that Akpabio uttered the alleged words.

He specifically challenged Engr. Ibrahim Umar Ammar, whom he identified as being associated with the Atiku Abubakar Campaign Organisation and ADC-NYAF in Kano State, to release the original and unedited recording of the purported statement.

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«“Produce the original and unedited video or audio recording showing precisely where, when and before whom Senator Akpabio made the alleged statement,” Eyiboh demanded.»

He also asked those behind the allegation to identify the occasion, date and venue where the statement was supposedly made, as well as the journalists or media organisations that allegedly witnessed or reported it.

According to Eyiboh, a photograph of Akpabio with words superimposed beneath it cannot constitute credible evidence.

He described such material as “merely an allegation wearing typography” and urged anyone who merely reposted the claim to disclose its original source and provide the first publication from which it was obtained.

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Aide Accuses Critics of Ethnic Incitement

Eyiboh accused those circulating the alleged quotation of deliberately exploiting ethnic sentiments ahead of the 2027 general elections.

“This is not legitimate political opposition. It is calculated incitement designed to manufacture fear, resentment and hostility between Northern Nigerians and a national leader from the South,” he said.

The Senate President’s aide argued that Akpabio’s political relationships and legislative record also contradict attempts to portray him as hostile to Northern Nigeria.

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He cited Akpabio’s political relationship with Deputy Senate President Barau Jibrin of Kano, the presence of Northerners among his aides and his backing for legislative measures targeted at development across Northern communities.

Among the initiatives he highlighted were the establishment of the North-West Development Commission and North-Central Development Commission, as well as the Federal Polytechnic in Rano, Kano State, and the Federal University of Health Sciences in Tsafe, Zamfara State.

Eyiboh also recalled Akpabio’s visit to Borno State following the devastating floods in Maiduguri and the National Assembly’s intervention to support victims.

He said the Senate contributed ₦74 million to the relief effort, while the two chambers of the National Assembly provided a combined ₦174 million.

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According to him, the Senate under Akpabio has also supported legislation covering student loans, minimum wage, security, education and economic development, which he said were designed to benefit Nigerians regardless of region.

‘Produce Evidence or Withdraw the Claim’

Eyiboh urged Nigerians to verify the authenticity of politically sensitive claims before sharing them online, stressing that the burden of proof rests with those making the allegation.

“The demand is therefore straightforward and categorical: produce the original video, produce the original audio, produce an authenticated transcript, name the occasion, give the date and venue, and identify the media organisations that witnessed or reported the statement,” he said.

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He called on political parties and their supporters to focus on records, policies, achievement

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