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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.
…conceals Body Under Bed
A young woman allegedly poisoned her boyfriend to d3ath for cheating on her in Iyo Polo community, Marine Base, Port Harcourt, Rivers State.
It was gathered that after k!lling the deceased, she hid his body under the bed inside his room for three days.
According to local reports, residents of the area became suspicious after noticing a foul odor emanating from the victim’s residence.
Concerned neighbors attempted to reach the deceased but received no response.
Their suspicions grew when they observed the suspect acting strangely and refusing entry into the apartment.
Upon notifying law enforcement, officers arrived at the scene and forced their way into the room, where they discovered the decomposing body of the victim.
The suspect was immediately arrested and taken into police custody for further investigation.
Authorities have yet to release an official statement regarding the motive behind the alleged m8rder.
However, preliminary findings suggest that the incident may have stemmed from a domestic dispute.
A group of protesters have converged on the Federal Ministry of Education in Abuja, calling for the suspension of Professor Abayomi Fasina as Vice-Chancellor of the Federal University, Oye-Ekiti (FUOYE), to allow proper investigation into sexual harassment allegation.
Protesters armed with placards-bearing slogans such as ‘Ekiti Deserves Better’ and ‘Protect Our Women,’ argued that the Vice-Chancellor cannot remain in office while facing investigation for sexual harassment allegations.
The embattled VC has been under investigations over allegations made in a leaked voice note regarding a sexual harassment case against one of his married subordinates.
Speaking to journalists after submitting a petition to the Minister of Education, Tunji Alausa, the leader of the protesters under the aegis of Coalition of Civil Society Organisations Against Corruption, Victor Adetola, said suspending the VC would give room for thorough investigations into the matter.
Adetola said: “We have looked at the developing story that has been going on in that university as an organisation that is fronting for the welfare of Nigerian students and the community or the educational community generally.
“The issue will be festering if there is no thorough investigation, and we need that place to be sanitised. Honestly, currently there is a disciplinary action investigation that is going on that was first given a three-week ultimatum.
“After that, they requested for another three weeks ultimatum, even inclusive of the governing council. And for the past six months, nothing has been done. We see that a lot of undiagnosed, a lot of corruption has been festering.
“In fact, one of the most critical issues happening is the sexual harassment that has happened to one of the married assistant directors in that school.
“Specifically, it’s necessary that the leader of the university steps down first, or the governing council relieves him of that position first, so that independent investigation can be carried out on all the petitions that we have written.”
The National Judicial Council (NJC) has distanced itself from the purported appointment by Governor Hope Uzodinma of Justice Theophilus Nnamdi Nzeukwu as the acting Chief Judge of Imo State.
The NJC, in a statement by its Deputy Director (Information), Mrs. Kemi Ogendengbe said it was yet to consider a request by Uzodinma to appoint Justice Nzeukwu, who is currently number four in the hierarchy of judges’ seniority in Imo State High Court.
The statement reads: “The attention of the council has been drawn to the news making rounds that the Governor of Imo State, His Excellency, Senator Hope Uzodimma, CON, had purportedly appointed Hon. Justice Theophilus Nnamdi Nzeukwu, who is number four in the hierarchy of judges seniority in Imo State High Court, as the acting Chief Judge of the state, in view of the recent disciplinary action taken against the erstwhile Chief Judge of the state.
“The National Judicial Council, by this press release, wants to clarify to the public that the Governor of Imo State had earlier written to the council requesting for its approval to appoint Hon. Justice Theophilus Nnamdi Nzeukwu, who is number four in the hierarchy of seniority as acting Chief Judge of the state.
“The governor in his said correspondence to the council, gave reasons why in his own view, the three most senior judges are not appointable.
“The council is informing the public that the said letter is yet to be considered, as deliberation on the request is slated for the next council meeting, which is scheduled to hold on 29th and 30th April, 2025.
“The council is therefore, by this press release, informing the public that the governor’s request is yet to be considered by the council.
“The council has not given approval to the governor for the appointment of the acting Chief Judge.
“The council is not a party to the process of the purported appointment of Hon. Justice Theophilus Nnamdi Nzeukwu as the acting Chief Judge.”
The NJC had, at its 107th meeting held between November 13 and 14, 2024 recommended the compulsory retirement of the then Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka over alleged age falsification.
It said Justice Chikeka was recommended to the Imo State Governor for compulsory retirement with effect from October 27, 2021, with all salaries and allowances the judge received in excess from the said date refunded to the council.
The NJC added: “The recommendation was pursuant to the findings of the Council that His Lordship has two different dates of birth: 27 October 1956 and 27 October 1958.
“However, 27 October 1956 appeared to be the consistent date of birth, but in 2006, the Chief Judge swore to an affidavit changing the date of birth to 27 October 1958.”
Meanwhile, the Nigerian Bar Association (NBA) Owerri Branch has expressed serious concerns over the appointment.
Speaking after swearing in the new Acting Chief Judge, Governor Uzodimma recalled the disgraceful manner the former Chief Judge was removed from office by the NJC, and the events that followed thereafter, and warned against a repeat of what he described as “dishonourable incident where a Chief Judge is suddenly removed from office for such an ugly indictment of age falsification.”
Reacting to the appointment, the NBA urged Governor Uzodimma to adhere to due process in the appointment of a new Chief Judge, emphasising the importance of following established protocols to ensure transparency and legitimacy.
According to the NBA, Nzeukwu’s appointment violates the provisions of the 1999 Constitution, which stipulates that the most senior judge of the High Court should be appointed as Acting Chief Judge in the event of a vacancy.
“We insist that due process must be followed in the appointment of the Acting Chief Judge,” Chairman of the NBA Owerri Branch, Chief Chris U. Ihentuge and the Secretary, Daniel O. Odiba, said in a statement yesterday.
According to the statement: “If the most senior judge or judges were bypassed, the rationale for this deviation must be immediately justified.”
Failure to do so, they warned, will further erode public confidence in the judiciary.
The NBA demands that Governor Uzodimma takes immediate action to address this situation and reverse the appointment, which they deem inconsistent with the Constitution.
The statement reads in part: “The Nigerian Bar Association, Owerri Branch demands that the Governor should, immediately, take steps to address this situation and reverse this action which is inconsistent with the Constitution. Failure to do so will further erode public confidence in the judiciary at a time when trust in our institutions is already fragile. The Bar shall also take all steps necessary in the circumstance.
“The Nigerian Bar Association, Owerri Branch, reiterates that it has no interest in any particular individual holding the office of the Chief Judge, but it is deeply committed to the protection of due process, the rule of law, and the sanctity of the Constitution.
“The NBA Owerri Branch has communicated its concerns to the Imo State Attorney General and Commissioner for Justice, the Body of Senior Advocates of Nigeria (BOSAN), Imo State Chapter, the Judicial Service Commission (JSC) of Imo State, the President of the Nigerian Bar Association, and the National Judicial Council (NJC).”
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