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CJN: Lack of conferencing cause of conflicting Court verdicts
The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has blamed the frequent occurrence of conflicting court decisions on the lack of conferencing by various panels of the appellate courts.
Justice Kekere-Ekun, who stated this while declaring open the 2024 Justices Annual Conference of the Court of Appeal in Abuja Monday, expressed concern over the menace of conflicting decisions and specifically called on presiding justices of the Court of Appeal to imbibe the practice.
According to the CJN, conferencing is an essential tool that promotes mutual respect, deepens understanding and enhances the quality of the court’s decisions.
“Now, the issue of conflicting decisions is one of great concern in our community at present time, and one of the reasons that we have conflicting decisions is because many panels do not hold conferences to discuss all reserve judgments.
“It is strongly recommended that conferences be held. I cannot overemphasize this point. We are an appellate court for a reason, and the reason is that several heads are better than one.
“So holding conferences, exchanging opinions and ideas on matters that come before us is extremely essential. We have presiding justices here, and if it has not been your practice, I want to appeal to you that you start making it a practice. It is a very, very essential tool in the work that we do,” she said.
Besides, the CJN admonished that these conferences be held in good time so that where there are conflicting opinions, they can bey discussed before judgments are given, adding that the justices thoroughly examine judgments of the trial courts in order to see the reasons for those judgments before they were appealed.
“We have recent decision or a case where a wrong interpretation was given to the decision of this court that informed the decision of the trial court. So some of these things will probably be brought to light in the process of holding conference. So that is my singular message here, that conference is a safe place,” the CJN stressed.
Meanwhile, the CJN has tasked judges and justices of various courts to be introspective in order to turn around the negative perceptions of the judiciary.
She stated that through introspection, justices can examine how their collective processes can be improved, ascertain whether their judgments are addressing the root issues brought before them, as well as whether they are sufficiently attuned to the broader societal implications of their decisions.
Kekere-Ekun further stated that through introspection, the judiciary can surmount some of its challenges such as case backlogs and funding constraints.
In a goodwill, the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), noted that the theme of the conference, ‘Judicial Introspection’ is particularly instructive and indicates the intention of the organizers to use the conference as a barometer to gauge the accomplishments of the court and also provide a compass to guide optimal performance in the future.
While remarking that the Nigerian judiciary has a long and proud history of dispensing justice without fear or favour, the AGF maintained that the Court of Appeal, in particular, has to a great extent demonstrated unwavering commitment to upholding the principles of justice, equity and fairness.
“Your judgments have set precedents, shaped legal discourse, shaped the course of several aspect of our national life, and your commitment to upholding the constitution and established principles of law and natural justice has provided a beacon of hope for countless individuals and entities seeking justice,” he said.
Fagbemi, who observed that issues such as political interference, public opinion (especially perpetrated on social media), and even well-intentioned efforts to improve the justice system pose as challenge to judicial independence, urged the justices to remain vigilant and steadfast in the defence of judicial independence.
He however pledged to uphold the principle of judicial independence as the chief law officer of the country.
Earlier in her welcome, the President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, observed that the ever-evolving nature of our landscape demands that we engage in regular self-reflection, evaluation and strategic planning.
“This conference offers a unique opportunity for introspection, knowledge-sharing and growth among stakeholders. We are deeply grateful for the participation of our distinguished resource persons, whose expertise and experiential knowledge will undoubtedly enrich our deliberations.
“Justices occupy a position of paramount importance in the administration of justice with their decisions exerting a profound impact on individuals, communities and society at large. Nevertheless, despite their expertise and experience, justices are not immune to the limitations inherent in human decision-making, including errors, biases, and prejudices.
“To address these limitations and ensure the delivery of justices, judicial introspection offers a mechanism for self-reflection, in-depth analysis, and ongoing improvement,” she said.
While acknowledging the benefits of social media, the PCA observed that the technological shift has also generated a range of challenges for the judiciary, including the management of online reputation, cyber-bullying and harassment.
“The preservation of the integrity of digital evidence in the context of legal proceedings is now a thing of concern. To effectively navigate these complexities, it is only appropriate for the judiciary to engage in a process of regular intellectual upliftment.
“A regular examination of existing practices, procedures and policies to ensure their efficacy, efficiency and fairness in the digital age is imperative.
“The increasing integration of artificial intelligence (AI) within the judiciary has the potential to revolutionize the administration of justice, enhancing efficiency, improving decision-making, and expanding access to justice. However, the deployment of AI in judicial contexts also raises profound questions regarding bias, transparency and accountability. To address these issues, the judiciary must carefully examine its own utilization of AI and ensure that adoption is as an adjudicatory tool and not a replacement of the judge,” she said.
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Crashed helicopter flying NNPC officials violated regulations – FG
Barely two months after a Sikorsky SK76 helicopter operated by East Aviation crashed in Port Harcourt, the Nigerian Safety Investigation Bureau has disclosed that its handlers violated several of the Nigeria Civil Aviation Regulations directives.
Although the bureau was silent on whether or not the vices led to the unfortunate incident, the act shows gaps in the regulatory duties of the NCAR.
The helicopter, which was contracted by the Nigerian National Petroleum Company Limited, plunged into the Atlantic Ocean near Bonny Finima, off the coast of Calabar on October 24, with six passengers and two crew members.
Five bodies of the eight victims have been recovered while the remaining three are still yet to be found.
While reeling out the preliminary findings of the bureau on the accident, The Director-General of NSIB, Alex Badeh, on Tuesday told journalists in Abuja that the crashed helicopter was not fitted with a Flight Data Recorder, a violation of the Part 7.8.2.2(q) of Nigeria Civil Aviation Regulations (Nig. CARs) Act 2023
Badeh added that the helicopter crew members used non-standard phraseology throughout the flight.
The preliminary findings of the bureau read partly, “The helicopter was fitted with a solid-state cockpit voice recorder; The helicopter was not fitted with a Flight Data Recorder; although Part 7.8.2.2(q) of Nigeria Civil Aviation Regulations (Nig. CARs) 2023 requires that FDR shall be fitted on the helicopter; The flight crew used non-standard phraseology throughout the flight.”
The report further reads; “There were no standard callouts for the various phases of the flight; The helicopter Radio Altimeter (Rad alt) was snagged and deferred on October 18, 2024, six days before the accident; No dew point data was reported in the weather information passed to 5N-BQG on the day of the occurrence.”
While speaking on the causes of the crash, Badeh explained that the investigators discovered that it appeared to be “Struggling to gain balance right before crashing into the ocean.”
He further noted that the crew’s struggle was followed by an aural warning from the aircraft, “Bank angle, Bank angle,” which was the last recorded data on the Cockpit Voice Recorder with smoke emanating from the engine before it ditched into the water.
Other reports released by the NSIB include a final report on the serious accidents involving Beech Baron 58 aircraft operated by Nigerian College of Aviation Technology, Zaria with nationality and registration marks 5N-CAG, which occurred on runway 5 at General Hassan Usman Katsina International Airport, Kaduna on December 31, 2022 and five other incidents.
The NSIB, however, charged the NCAA to ensure strict compliance with the Nigerian Civil Aviation Regulations (Nig. CARs) 2023 part 7.8.2.2(q) which requires that all helicopters with a maximum take-off mass over 3175 kg and up to 7000 kg be fitted with a Flight Data Recorder.
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Kaduna returns Abacha family property seized by El-Rufai
Kaduna State Governor, Senator Uba Sani, has reinstated ownership of two properties previously revoked from the family of the late military dictator, Gen. Sani Abacha, during the administration of his predecessor, Nasir El-Rufai.
The properties, located at No. 9 Abakpa GRA and No. 1 Degel Road, Ungwan Rimi GRA, in Kaduna, had been seized in 2022 following allegations of breaches of occupancy terms under the Land Use Act.
Speaking on Tuesday, Abacha family lawyer, Reuben Atabo (SAN), confirmed the reinstatement, describing it as a significant development.
The revocation, which was widely publicised in newspapers on April 28, 2022, included the late Abacha’s name as item 34 among those affected.
Atabo said the move had caused “embarrassment” to the Abacha family, prompting legal action against the state government.
Governor Sani, however, reversed the revocation in two separate letters dated December 10, 2024, through the Kaduna Geographic Information Service.
Both letters, signed by Mustapha Haruna on behalf of the Director General of KADGIS, directed the family to settle outstanding fees and charges as a condition for reinstatement.
One of the letters reads: “His Excellency, the Governor of Kaduna State, has in the powers conferred on him under the Land Use Act 1978, reinstated the aforementioned title… Subject to strict condition of settling all outstanding fees and charges.”
The Abacha family, through Atabo, welcomed the decision, describing it as a gesture of fairness and justice.
The reinstatement marks a shift from El-Rufai’s administration, which had cited “various contraventions” as the basis for revoking the properties.
News
CAC deregistered 300,000 dormant companies in one year
The Corporate Affairs Commission (CAC) has deregistered over 300,000 dormant companies within a year to sanitise the nation’s corporate registration system.
The Registrar General, Hussaini Ishaq Magaji (SAN), announced this in an exclusive interview with The Nation in Abuja.
Magaji said: “From October 16, 2023, when I assumed office, to date, we have witnessed an extraordinary level of deregistration. In December 2023 alone, we deregistered over 100,000 companies. By February 2024, another 100,000 companies were removed, and recently, we deregistered an additional 100,000.”
The CAC boss explained that the deregistered entities had remained inactive, failing to file annual returns for over a decade.
According to him, some of the companies posed risks to the economy, as they could be used for fraudulent activities.
He said: “Our challenge is that we are not even deregistering in millions. This is because, as I earlier told you, business registration in Nigeria started since sometime around 1912. And what we have in our portal is from 2021. So, you can see the barrier.
“All the historical records from that year to this year are not on the portal. We are onboarding them gradually. When we complete our task, we will then have the total number of the dormant companies and they will go.
“Our system is integrated with critical agencies, such as the Federal Inland Revenue Service (FIRS), security agencies, embassies, and banks. Once a company is marked as inactive on our portal, it cannot access banking services, process embassy documents, or engage in other operations,” he said.
Magaji explained the legal framework supporting these actions, saying: “If a company remains dormant for over 10 years, we are empowered to deregister it. Additionally, even if a company has been inactive for two years without filing annual returns, I can deregister it under the law.”
The registrar general attributed the success of CAC’s measures to the political will of the Federal Government.
He added: “We have been given a free hand by Mr. President and the supervising minister to carry out our duties without interference. This has enabled us to act boldly and decisively.”
Magaji dismissed the claims that a significant number of companies were folding up due to insolvency or economic challenges.
The CAC boss described such assertions as exaggerated.
He added: “While some businesses apply for voluntary winding up, the numbers of such companies are negligible. Many of these cases arise from changes in business focus rather than economic difficulties. For instance, a company like Nokia transitioned from producing phones to manufacturing vehicle tyres.”
Magaji noted that technological advancements and shifts in business strategies were driving many companies to restructure rather than exit the market.
He said CAC hosts Nigeria’s Beneficial Ownership Register, a platform providing free access to information about companies and their significant controllers.
“Nigeria is one of the global leaders in implementing the beneficial ownership register. We are hosting the register at bor.cac.gov.ng. This transparency ensures that even individuals with indirect control of a company must disclose their interest within 30 days,” he said.
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