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NBA orders boycott of Benin High Court over alleged harassment, intimidation

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The Nigeria Bar Association (NBA), Benin branch, has ordered a boycott of High Court 6, Benin, over alleged harassment and intimidation of its members by the presiding judge.

The order was contained in a statement signed by the association’s Chairman and Secretary, Pius Oiwoh and Andrew Lawani respectively, and made available to the News Agency of Nigeria (NAN) on Monday in Benin.

It said the decision was reached unanimously with regard to the “incessant and unabating harassment, intimidation, outright insults and deliberate embarrassment to counsels” appearing before the judge.

It said that the decision was reached at this month’s meeting of the Lion Bar in Benin which was attended by Senior Advocates of Nigeria (SANs), benchers, elders, leaders and members of the bar.

The statement alleged that the judge harassed, insulted and intimidated SANS and other very senior members of the bar in the presence of their clients and would-be clients.

The statement read, “take notice that any member who flouts this directive under any guise shall be liable to be blacklisted at the branch and made to face its disciplinary committee.

“Consequently, all members of the association are directed to embark on a total boycott of the court and are not permitted to carry out any business in the said court till a subsequent review of this directive by the general meeting.” (NAN) (www.nannews.ng)

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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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