News
‘Why New Supreme Court Justices can’t resume now’
In this report, Vanguard’s Law & Human Rights digs out factors responsible for the delay in the inauguration of 11 new justices of the Supreme Court almost two full months after the Nigerian Senate had confirmed their appointment.
Background
On December 21, 2023, the Nigerian Senate approved a list of 11 new justices for the Supreme Court of Nigeria, SCN.
The senators had cleared the justices at the plenary through a voice vote after the Chairman of the Committee on Judiciary, Mohammed Monguno (APC, Borno), reported that his committee received the curriculum vitae of the nominees, invited them for screening and found that they demonstrated inspiring competence required for the performance of their assignment.
Monguno also noted that the nomination and appointment satisfied the constitutional provision of section 231 (3) of the Constitution which states that an individual needs 15 years experience in the bar to be qualified for appointment into the Supreme Court bench.
He said there were no petitions or criminal records against any of the nominees and that the committee members were satisfied with the nomination of the justices and, therefore, recommended their confirmation.
The list of the justices was sent to the upper chamber of the National Assembly by President Bola Tinubu following recommendation of the candidates by the National Judicial Council, NJC from the shortlist received from the Federal Judicial Service Commission, FJSC for the top job.
On the recommended list were Haruna Tsammani representing the North-East; Moore Adumein (South- South); Jummai Sankey (North-Central); Chidiebere Uwa (South-East); Chioma Nwosu-Iheme (South-East) and Obande Ogbuinya (South-East).
Others were Justices Stephen Jona Adah (North-Central); Habeeb Abiru (South-West); Jamilu Tukur (North- West); Abubakar Umar (North-West); and Mohammed Idris (North-Central).
Section 231 (2) of the 1999 Constitution of the Federal Republic of Nigeria spells out the process of appointing justices for the SCN.
The section provides: “The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the NJC, subject to confirmation of such appointment by the Senate.
By implication, both the executive and the legislature play distinct roles in appointing justices for the apex bench.
The appointment process into the Supreme Court bench would be inchoate until the two other arms of government have fully played their roles as spelt out in the constitution.
But almost two months after the justices were cleared by the Senate and more than two years when the Supreme Court has been itching to get more competent hands to fill vacant seats in the court, the 11 new justices are yet to be inaugurated.
The Supreme Court has kept mum on the issue ditto for the Presidency in spite of the alarm raised by a retiring justice of the Supreme Court, Justice Dattijo Muhammad on October 27, 2023, in Abuja that with his exit, the number of justices serving in the apex court had dropped to 10, its lowest in the contemporary history of the court.
The Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola had himself consistently lamented that the apex court has been battling with workload crisis arising from manpower shortage, explaining that the situation gets worse for the third arm of government because in every little disagreement, Nigerians rushed to court and in every lost case, they rushed to appeal even up to the Supreme Court, no matter how little the issue might be.
He had said that alone had obviously accounted for the several appeals pending in the Supreme Court, adding that though the court received scathing criticisms from members of the public over its over-bloated docket, yet the institution is neither in any position to regulate case inflow to the court nor has the supernatural powers to attend to all in one-fell-swoop.
What is delaying the inauguration of the 11 new justices?
Vanguard’s Law & Human Rights’ investigation revealed that the 11 new justices are yet to be inaugurated simply because the Supreme Court was having challenges providing them with the required working tools.
According to an impeccable source at the Supreme Court who spoke with Vanguard on condition of anonymity, the justices’ inauguration was deliberately delayed.
His words: “You were aware some justices of the Supreme Court were sworn in on November 6, 2020. As tradition demanded, they were supposed to be given three assorted brand new cars each: A Mercedes Benz, a Land Cruiser and one utility vehicle.
“But at that time, the justices of the Supreme Court were given only a Land Cruiser which some critics said were refurbished. A Hilux was added after one year while the Mercedez Benz was late in coming. Because of the breach of that tradition, hell was let loose.
“We want to avoid such unnecessary bad image for the Supreme Court this time around. What is sure is that the justices have been appointed already. The Senate has given approval. That approval cannot be withdrawn.
“All that is left now is for necessary working tools to be provided. We do not want to inaugurate them without providing the necessary things that may attract bad press for the institution,” the source added.
The source also told Vanguard that apart from the issue of cars, accommodation was another.
“You will agree with me that the issue of accommodation for serving justices of the Supreme Court has been a recurring challenge.
“This is the first time we are having a full complement of 21 justices. They can’t live in the air. They must be made comfortable. The Supreme Court will have to acquire apartments for them.
“I can confirm to you that the Supreme Court has gone far. But the court is yet to get comfortable accommodation for all of them.
“Until that one is sorted out, they may have to tarry,” he said.
Another source and member of the Federal Judicial Service Commission, FJSC, who also pleaded anonymity, told Vanguard Law and Human Rights that the affected new justices have been asked to use the opportunity of the delay in inaugurating them to quickly conclude all outstanding cases they have at the Court of Appeal on the account that they would not have the opportunity of going back to sit on such cases as justices of the Court of Appeal.
The source reminded Vanguard of what happened sometime in May 2020 when the Supreme Court, in a unanimous decision by a seven-man panel of Justices led by Justice Bode Rhodes-Vivour (now retired), nullified the entire proceedings that led to the conviction of a federal lawmaker representing Abia North Senatorial District, Dr Orji Uzor Kalu, his company—Slok, and a former Director of Finance in Abia State, Jones Udeogu, for allegedly using the firm to defraud the Government of Abia State in the eight years Kalu held sway as governor of the state.
Vanguard indeed recalled that the Supreme Court had in the lead verdict that was read by Justice Ejembi Eko, held that the trial High Court Judge, Justice Mohammed Idris, acted without jurisdiction in the case when he convicted Kalu, his firm, Slok Nigeria Limited and a former Director of Finance in Abia State, Jones Udeogu since he was no longer a judge of the Federal High Court as at December 5, 2019, when he sat and delivered the judgement that convicted the defendants for allegedly stealing about N7.1billion from Abia State treasury.
According to the Supreme Court, Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
It held that the Fiat that was issued to him by the Court of Appeal President pursuant to section 396(7) of the Administration of Criminal Justice Act, ACJA, 2015, was unconstitutional.
The apex court held that no statute in Nigeria empowered the Court of Appeal President to give vires to a Justice of the appellate court to return to the High Court to deliver judgement in a pending criminal trial, stressing that the Court of Appeal President, “acted ultra-vires his powers when she purportedly gave the authorisation” with respect to Kalu’s case.
But the source hinted that the 11 new justices of the Supreme Court would be inaugurated very soon as their services are very much required at the apex court.
S’Court to get full complement of 21 justices for the first time since 1999
Hopefully, when the justices resume office by the end of the month, the Supreme Court would have a full complement of 21 justices for the first time since 1999 with five representing the North-West; four of the justices representing the South-West geo-political zone of the country, three representing the South-East, another three representing the North-East, three others representing the South- South, and the remaining three representing the North-Central.
Whereas, Section 230 (2) of the 1999 Constitution allows the sitting President to appoint a Chief Justice of Nigeria, CJN and other justices of the Supreme Court not exceeding 21, the highest number of justices appointed to the Supreme Court ever was 20 since the constitution was promulgated into law.
Specifically, that history was made on November 6, 2020 when eight (8) newly appointed Justices of the Supreme Court were sworn into office, upping its membership from 12 to 20.
News
Just in: Tinubu’s son Seyi, Tops Controversial List As Lagos Guber Race Ignites Political Wahala
By Kayode Sanni-Arewa
The race to succeed Governor Babajide Sanwo-Olu in 2027 is gradually gaining momentum, with political stakeholders and groups across Lagos State already rooting for their preferred candidates.
Among those generating buzz is Femi Gbajabiamila, Chief of Staff to President Bola Ahmed Tinubu and former Speaker of the House of Representatives.
A growing number of party faithful and influential figures are backing him, with popular Nollywood actor and lawmaker, Desmond Elliot, reportedly leading a ‘silent’ push for Gbajabiamila to emerge as the APC flagbearer in the next gubernatorial election.
Supporters are said to be banking on his close ties to the President and long-standing political experience, which they believe make him a strong contender.
“Gbajabiamila is not just a seasoned legislator. Now as Chief of Staff to the President, he has added executive experience.
“That’s the kind of leadership Lagos needs,” said Famous Oloyede, an APC chieftain from Surulere.
However, some party members believe that by 2027, Gbajabiamila, who will be 64, may be too old to govern a complex and fast-moving state like Lagos.
“He should stay back in Abuja and continue supporting the President. Lagos needs someone younger; and besides, it’s time another administrative district takes the seat,” a senior party source revealed.
Lagos State is organised into five administrative districts, collectively called IBILE, namely Ikorodu, Badagry, Ikeja, Lagos Island, and Epe.
Notably, the last four governors of the state, Bola Tinubu, Babatunde Fashola, Akinwunmi Ambode and Babajide Sanwo-Olu, have all hailed from either Lagos Island or Epe.
Even Alhaji Lateef Jakande, the state’s first civilian governor, identified as a native of Lagos Island.
The clamour for 2027 is not one-sided. Stakeholders from Epe, a region that once produced former governor Akinwunmi Ambode, are also pressing for political rebalancing.
Following Ambode’s fallout with the APC leadership, many indigenes believe Epe has been marginalised in the state’s power structure.
As a result, attention has shifted to the current Minister of State for Health and Social Welfare, Dr Maruf Tunji Alausa, who hails from Epe. Many locals view him as a competent and loyal figure capable of restoring Epe’s influence in Lagos politics.
“Epe has been marginalised for years,” said Olugbede Adekalu, a strong APC member.
“Ambode was not allowed to complete his second term, unlike others before him. It’s time to correct that injustice,” he said.
Speaker of the Lagos State House of Assembly, Rt Hon Mudashiru Obasa, is also being quietly touted by political and religious circles.
A notable Islamic cleric recently expressed support for Obasa’s candidacy, citing his legislative experience and grassroots popularity.
While Obasa has yet to make a formal declaration, he recently made a subtle remark that has further fueled speculations.
Speaking during a public engagement, the Speaker said, “Also, becoming governor is secondary; it is something that I have not given serious consideration. Nevertheless, that does not mean I am too young or lack experience to run; whereas, those who have been before me are not better off.”
Observers believe Obasa’s statement was a calculated message to signal openness to the race without making an outright announcement.
Also making the rounds is the name of Seyi Tinubu, son of President Bola Tinubu.
While he has not publicly declared interest, speculations are rife, with several diaspora groups reportedly rooting for him.
This development has placed the party and the Governance Advisory Council (GAC), the highest decision-making body of the APC in Lagos, in a dilemma, especially as President Tinubu has remained silent despite the growing clamour for his son’s potential candidacy.
In addition to the growing field of aspirants, fresh agitations are emerging from Ikorodu, one of Lagos State’s largest administrative districts under the IBILE structure.
Despite the fact that the current Deputy Governor, Obafemi Hamzat, hails from Iga Egbe, a traditional compound within the Ikorodu Division, many stakeholders are insisting the district is yet to be adequately represented at the top.
According to party insiders, there is mounting support for either Rep Babajimi Benson or Hamzat himself to emerge as the next governor.
However, should neither of them clinch the ticket, strong lobbying is ongoing for Hon Abike Dabiri-Erewa, former House of Representatives member and current Chairman of the Nigerians in Diaspora Commission, to be considered for the position of deputy governor, especially if the governorship goes to another district.
“Ikorodu deserves a real shot at the governorship. It’s one of the most loyal and populated zones in Lagos, yet we’ve never truly had our turn,” said a party source.
While some argued that Ikorodu had a brief taste of power through Abiodun Ogunleye, who served as deputy governor during Tinubu’s administration, a party member countered that Ogunleye’s tenure, just 14 days between May 15 and May 29, 2007, was too short to be considered meaningful representation.
A party insider from Ogolonto, a community in Ikorodu, stated:
“Ogunleye’s 14-day tenure was purely symbolic. You can’t call that real representation. That’s not power-sharing, it was a token gesture. Ikorodu deserves more than a fleeting appointment.
“Serving just 14 days as deputy governor hardly qualifies as meaningful leadership. Ikorodu deserves more than a fleeting appointment.”
Reflecting growing calls for more equitable power rotation across Lagos, some party members have maintained that adjoining districts long overlooked deserve a turn in the executive seat.
“Power should shift to Badagry now. They’ve never produced either a governor since 1999,” another party member told DAILY POST.
Another name quietly gaining traction within APC circles is that of Senator Mukhail Adetokunbo (Tokunbo) Abiru, who currently represents Lagos East Senatorial District in the National Assembly.
This district encompasses the local government areas of Epe, Ibeju-Lekki, Ikorodu, Kosofe and Somolu
With many zones clamouring for recognition and no clear frontrunner emerging yet, one thing is clear: the contest for the soul of Lagos in 2027 will be one of the most keenly watched and hotly contested in the state’s recent political history.
By Kayode Sanni-Arewa
The Director-General of the Nigeria Safety and Investigation Bureau (NSIB), Alex Badeh, has confirmed that the United States National Transportation Safety Board (NTSB) shared the final report on the helicopter crash that claimed the lives of former Group Chief Executive Officer of Access Holdings Plc, Herbert Wigwe, his wife Doreen, their son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots.
Recall that the tragic crash occurred on February 9, 2024, when an Airbus EC130B4 helicopter operated by Orbic Air, LLC crashed near Halloran Springs, California.
The NTSB’s final report outlined the primary causes of the crash, identifying “pilot disorientation” and a violation of flight protocols as key contributors to the tragedy.
Specifically, the report pointed to the decision to proceed under visual flight rules in instrument meteorological conditions as a significant factor in the crash.
Badeh stated, “The NTSB shared the report directly with the NSIB as we are interested parties and in accordance with ICAO Annex 13 protocols.
“We do not necessarily comment on accident reports as they are not meant to apportion blame but to improve safety and prevent reoccurrence.”
When asked if the NSIB was satisfied with the findings in the NTSB report, Badeh emphasised that the NSIB does not engage in commenting on accident reports.
He clarified that the primary purpose of such reports is not to assign blame but to ensure that measures are put in place to enhance safety in the aviation sector.
“The report’s essence is to improve safety across the sector. The NSIB is not the head of aviation in Nigeria,” Badeh reiterated.
Badeh further confirmed that the family of the deceased had been in communication with the NTSB throughout the investigation process, from the time of the crash until the final report was released.
“The family of the deceased has been in contact with the NTSB at the time of the accident till the close of the investigation,” Badeh stated.
By Kayode Sanni-Arewa
In a daring continuation of Operation of Troops FANSAN YANMA Phase V, the troops have penetrated deep into terrorist strongholds across parts of Sokoto and Zamfara States, dismantling layers of insurgent infrastructure and recovering weapons.
The multi-day operation, which began with swift assaults on identified camps, saw troops advancing through highly hostile territory, including Gidan Madi, Tsamiya Village, Tudun Ruwa, Alela, and several forested areas notorious for harbouring terrorist cells.
Security sources told Akelicious that the troops encountered multiple ambushes laid by fighters of the Lakurawa terror faction, a splinter group known for its entrenched operations in the North West region.
Despite the resistance, the troops pressed forward, clearing key hideouts beyond Alela village, including the Areo general area, Damoria, Tumuna Village, and the densely wooded Goboro Forest.
“These locations have been long used by terrorists as logistics hubs and operational bases for launching attacks on civilian communities and security convoys,” a senior military source familiar with the operation said.
The military offensive did not come without cost. One soldier was wounded in action (WIA) during the series of engagements, while a vigilante supporting the operation paid the ultimate price. The wounded soldier was promptly evacuated to the 8 Division Military Hospital (8 DMSH) in Sokoto for treatment.
Troops also neutralised six terrorists affiliated with the Lakeurawa faction during the operation. Several others escaped with varying degrees of gunshot wounds, fleeing into the surrounding forest areas
Among the arms recovered from the cleared camps were various weapons, magazines, two handheld radios, and motorcycles which were some of the items believed to have been used for communications and mobility within the camps
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