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Financial autonomy for judiciary: Progress report discouraging – JUSUN

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The Judiciary Staff Union of Nigeria (JUSUN) on Friday said it had yet to see states’ full compliance with the implementation of financial autonomy for the judiciary.

JUSUN’s National Secretary, Mr Isaiah Adetola, told the News Agency of Nigeria (NAN) in Lagos that since the union suspended its strike in June, there had not been a remarkable implementation of the financial autonomy.

NAN reports that the union had, on April 6, embarked on strike to press home its demand for implementation of financial autonomy for the judiciary.

Following dialogues and interventions from the Nigeria Governors’ Forum, the union suspended the 64-day strike on June 9, with an understanding that state governments would begin the implementation.

However, Adetola told NAN that many states had not complied.

“The progress report is not encouraging; some governors signed the Funds Management Law and many states are yet to do anything at all.

“Some state assemblies passed it to their governors for assent, while many have not; so, the news is not encouraging.

“Even those that have signed the bill into law, have not begun implementation.

” Industrial relation matters are not to be delayed,” he said.

According to him, the JUSUN National Executive Committee will meet and decide on the next line of action.

NAN reports that President Muhammadu Buhari had on May 22, 2020, signed an executive order granting financial autonomy to the legislature and the judiciary across the 36 states of the federation.

The Executive Order No. 10 of 2020, made it mandatory for each state to include allocations to its legislature and judiciary in its first-line charge of budget.

The order also mandated the accountant-general of the federation to deduct from source, amounts due to state legislatures and judiciaries from monthly allocation to each state – for states that refuse to grant the autonomy.

It was in a bid to push for implementation of judicial financial autonomy as provided by the order that the union embarked on strike on April 6. (NAN)

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Judiciary

Murder Charge: Evans’ Re-Arraignment Stalled Due to Absence of Lawyer

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The re-arraignment of convicted billionaire kidnapper, Chukwudumeme Onwuamadike, also known as Evans, was delayed on Thursday due to the absence of his lawyer at the Lagos State High Court.

When the case was called before Justice Adenike Coker, Evans stated that he was unsure of his lawyer’s whereabouts. The case was set to address an amended five-count charge of murder, attempted murder, conspiracy to commit kidnapping, and related crimes against Evans and his co-defendant, Joseph Emeka.

Evans’s co-defendant’s lawyer, Nelson Onyejaka, explained to the court that he was unable to contact Evans’s lawyer, who is reportedly not based in Lagos.

State Prosecutor Yusuf Sule urged the court for an adjournment, emphasizing that Evans had delayed the proceedings repeatedly since the case’s inception in 2017. He also mentioned Evans’s previous application for a plea bargain, though it was unclear if Evans still wished to pursue it.

Justice Coker ordered the Office of the Public Defender (OPD) to represent Evans at the next hearing if his lawyer remains absent. The case was adjourned to January 30, 2025, with a directive for Evans to ensure his lawyer’s presence.

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Judiciary

Supreme Court Dismisses Suit by 19 States Challenging Constitutionality of EFCC, ICPC, NFIU

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The Supreme Court of Nigeria has dismissed a suit filed by 19 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Act, as well as the establishment of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

The states had argued that the EFCC Act violated Section 12 of the Nigerian Constitution, claiming that a majority of the states’ Houses of Assembly should have ratified the UN Convention Against Corruption before the National Assembly could pass the EFCC Act. They contended that this process was not followed when the Act was enacted in 2004.

However, Justice Uwani Abba-Aji, who led a seven-member panel, ruled that the EFCC Act is not a treaty but a convention, which does not require ratification by the Houses of Assembly. She explained that while treaties require ratification, conventions are agreements among multiple nations and are binding on member states without needing such ratification in Nigeria.

The court further emphasized that the National Assembly has the constitutional power to make laws on issues such as corruption and money laundering, and that these laws are binding on all states. The NFIU guidelines, which the states had also challenged, were upheld as constitutionally valid, as they are designed to set benchmarks rather than control state funds.

In dismissing the suit, the Supreme Court noted that no state has the authority to enact laws that conflict with federal laws on corruption or money laundering, and that the EFCC’s investigative powers do not infringe on the legislative powers of state assemblies. All justices of the panel agreed with the lead judgment, affirming that the plaintiffs’ arguments lacked merit.

The decision brings clarity to the legal standing of anti-corruption bodies in Nigeria, affirming their legitimacy in fighting financial crimes across the nation. The AGF’s representative, Rotimi Oyedepo, SAN, praised the ruling, stating that it solidified the legal framework for tackling corruption in Nigeria.

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Judiciary

NJC Directs Retirement of 2 Judges Over Age Falsification, Suspends Others for Misconduct

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The National Judicial Council (NJC), chaired by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has sanctioned five judicial officers for misconduct following its 107th meeting in Abuja.

Among the sanctions, Justice G.C. Aguma of the Rivers State High Court and Justice A.O. Nwabunike of the Anambra State High Court have both been suspended from performing judicial functions for one year and placed on a two-year watch-list.

Additionally, two judges—Justice T.E. Chukwuemeka Chikeka, Chief Judge of Imo State, and Kadi Babagana Mahdi, Grand Kadi of Yobe State—were recommended for compulsory retirement due to age falsification. Justice Chikeka was found to have two conflicting birthdates, one of which he altered in 2006, while Kadi Mahdi had three different birthdates recorded, with the actual date being in 1952. Both judges are also required to refund all salaries received in excess due to their extended service.

The NJC also addressed multiple complaints brought before its Preliminary Complaints Assessment Committee, reviewing 30 petitions. The committee dismissed 22 complaints for lacking merit and found two to be sub judice. Other complaints against judges, including Justice O.A. Ojo, Chief Judge of Osun State, are being investigated.

Regarding specific cases, Justice Aguma was found to have improperly facilitated a garnishee order by failing to question the legal basis for bringing the case before his court. Meanwhile, Justice Nwabunike breached judicial conduct by granting ex parte orders without the necessary filings.

The Council also issued cautions to other judges, including Justice I.A. Jamil of Kogi State and Justice J.J. Majebi, Chief Judge of Kogi State, for mishandling sensitive matters.

Further investigations and disciplinary actions were taken in several other cases, including those involving Justices Peter O. Lifu, Joyce Abdulmalik, and several others. The NJC emphasized its commitment to ensuring judicial integrity and vowed to report lawyers who file frivolous petitions to the appropriate disciplinary bodies.

In a positive note, the Council recommended 36 candidates for judicial appointments to various state governors.

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