In recent time Hon Justice Sylvanis Oriji of the FCT High Court has been subjected to unwarranted censure following his prudent decision to restrict the End Bad Government protesters to the MKO Abiola Stadium in Abuja. This calumny, often instigated by some agents and surprisingly some lawyers, grossly misrepresents him as inimical to the populace. In reality, Justice Oriji was assiduously discharging his judicial duty to maintain public order while respecting the rights of citizens.

Judicial Responsibility and Public Safety

The judiciary bears the sacrosanct responsibility of balancing the right to peaceful assembly with the government's obligation to maintain public order. While peaceful protests are a cornerstone of democratic liberties, enabling citizens to voice dissent and hold the government accountable, they may also present risks to public safety. Hon Justice Oriji's ruling ought to be viewed through this lens. By designating a specific area for the protest, he was not inhibiting dissent but rather creating a controlled space allowing citizens to express their grievances without provoking chaos or violence.

A Call for Support and Recognition

It is essential for us to rally behind both Hon Justice Oriji and the Minister of FCT, Nyesom Wike, in recognition of their commitment to public safety. Their actions reflect an acute awareness that chaotic protests can lead to perilous outcomes. Indeed, the court's order likely averted significant harm. Therefore, I implore President Tinubu to confer a National Honour upon Justice Oriji, acknowledging his judiciousness in this critical matter.

Balancing Rights and Responsibilities

This predicament underscores the delicate balance that must be maintained between rights and responsibilities. While it is vital that citizens be permitted to protest, the implications for our democracy hinge significantly upon how such assemblies are managed. Restrictions must be reasonable and proportionate; overly broad measures could encroach upon democratic freedoms, while targeted actions prioritising safety are indispensable.

Learning from Other Approaches

We can draw valuable lessons from Governor Aiyedatiwa of Ondo State, whose approach exemplifies constructive engagements with stakeholders in Ondo State in ensuring that the State is at peace before, during and after the protest. His Excellency’s administration emphasised open communication and collaboration with citizens, striving for mutually agreeable solutions while safeguarding public safety. He also encourage the Office of the Attorney-General of Ondo State, to set up a 24-hour Interventionist Unit, Citizens Rights and Advisory Bureau, CRAB, in which the people of the State come with their complaints and enquiries through our dedicated phone lines and other electronic devices to get across to the governor and his aides.

Advice for Future Protests

For the benefit of future demonstrations, I would tender the following recommendations:

1. Careful Planning: Organisers should proactively engage with relevant authorities to discuss logistics and safety protocols.
2. Effective Communication: Utilising media platforms to articulate clear, concise messages will ensure the protest's objectives are effectively communicated.
3. Commitment to Peace: Emphasising non-violence will help safeguard the protest from being co-opted by malicious elements.
4. Collaboration with Law Enforcement: Cooperation with authorities can cultivate a safer environment, ensuring that the rights of all parties are respected.
5. Seek Alternatives: Prior to embarking on protests, engaging with the government to explore alternative resolutions is crucial.

Conclusion

In summation, we must acknowledge Hon Justice Oriji's vital role in preserving public order and protecting the rights of citizens. His decision should not be viewed as an affront to democracy, but rather as a necessary measure aimed at ensuring safety. As we champion the right to protest, we must concurrently respect the judicial processes that work diligently to uphold balance within our society.

-Olukayode Ajulo, OON, SAN, PhD
Hon Attorney General of Ondo State, Nigeria.

Amnesty International says over 1,000 #EndBadGovernance protesters are in custody nationwide.

Nigerians staged a nationwide protest against economic hardship from August 1–10.

The protesters demanded a reduction in the cost of governance, return to the petrol subsidy regime, food security, and fiscal discipline, among others.

The demonstration, however, turned violent in some parts of the country, with looting and vandalism recorded in some states.

Following the protests, the police announced the arrest of perpetrators in some states.

In a statement posted on its X page on Friday, the international rights watchdog described the prosecution of 441 persons in Kano as an “unfair trial“.

The organisation called on the federal government to ensure the immediate release of all arrested protesters, while ensuring that its obligation towards upholding citizens’ right to freedom of assembly and expression is not undermined.

“The Nigerian authorities are escalating  crackdown on peaceful protesters against hunger and corruption,” the organisation said.

“Over 1000 people have been remanded nationwide. Today 441 people were arraigned in Kano, in what is set out to be an unfair trial based on trumped up charges.

“Amnesty International again calls for an immediate and unconditional release of all those arrested for exercising their right to peaceful assembly. The government of Nigeria has an obligation to uphold the right to freedom of expression and peaceful assembly.”

[TheCable]

With the current national high social temperature over inflation, exchange rate concerns and other issues, it is easy to say that this is not the time to talk about the head of any institution of State at all. But not when a book is written about the person in such a way that it is as much an account of institutional history as it is also a narrative about a man whose trajectory is being inextricably woven into the story of an institution of state as well.

I met Bashir Adewale Adeniyi the Comptroller-General of Nigeria Customs Service (NCS) nearly 15 years ago, at a management retreat for senior and middle level customs officers where he was a participant. In the course of the two modules I took during the programme, I noticed how he blended into the landscape in a peculiar sort of way. Alert, unobtrusive, calmly and seemingly casual, but with a subdued air or seriousness and a friendly disposition that was also always scrutinizing the world.

He did not raise too many, or even, questions during the retreat. But he took notes. Selective notes, that is; whenever something struck him in the course of the various presentations. He was thoroughly attentive, but without seeming too absorbed like a bookworm. I said to my colleague, as I was leaving the weeklong event on the third day: “That other one with a staid and unforced composure is likely to one day become the Comptroller of Customs”. My colleague chuckled and asked why. When I replied that there was something about him that suggested such a career path, and also that he must be good at “organized engagements, without any sense, or air, of panic or trepidation”, my colleague accused me of “excessive grammar”, and we left the matter at that. 

I took notice when Adeniyi routinely outperformed many who had served as spokespersons of the Nigeria Customs Service, (NCS) before him. I noticed when he was announced Comptroller General of the NCS. I also noticed when the Service embarked on the installation of scanners with a 200 containers clearance per hour capacity, under his watch.

I wrote about it on this page, on June 8, saying: “This will certainly address the problem of port congestion and drive efficiency, while putting an end to the nightmare (well, including daymare) of importers and clearing agents. One thing is clear in this regard: The Custom’s Trade Facilitation Programme of the Comptroller-General of Customs, Mr. Adewale Adeniyi, is yielding something worth looking forward to. Nigeria Customs is working in collaboration with Trade Modernisation Project Limited on this infrastructural intervention”.

Then, last week and from nowhere, Kabir Abdulsalam and Mariam Umar Na’Allah came out with a book detailing Wale Adeniyi’s responsible application of the principles of professional public relations in the management of a public organization. The book, titled, Impactful Public Relations in Customs Management, answers the following questions to a good measure: (1) Who is Wale Adeniyi? (2) How did he improve stakeholder engagement as Comptroller General of the Nigeria Customs Service? (3) To what extent can public relations skills, experience within the system and understanding of global best practices in custom administration be brought to bear on the life of a decades-old organization in a VUCA world? (4) What difference can effective management, crisis communication skills, the lobbying of decision makers, CSR initiatives, and reputation management make in the remaking of a government agency?

Using Adeniyi as a peg, the book offers the reader detailed insights into how to be successful as a leader with a Public Relations orientation. The reader who actually uses the publication as a manual for professional success in the public relation industry will be a success story. The authors insist that Adeniyi simply deployed his training in relationship management and his grasp of the dynamics of the sector, guided by sectoral and global best practices and they gave good reasons for their submission.

While the book successfully showcases the journey of one man as well as the journey of an organization under a new vision, it also shows how what Adeniyi had learnt over the years as an insider gave him the very foundation he needed for crafting and driving sustainable organizational reengineering. He made public perception management a uniquely essential component of responsible office holding. Thus, this book of 12 chapters offers the reader valuable insights, tips and professional best practices for PR professionals, using the endeavours of a seasoned practitioner as reference.

Part of what the authors set out to achieve in this book, and which they achieved in the first chapter, was to show the importance of stakeholder engagement and how the new CG of Customs adopted this approach as a tool for trust building and border community engagement. The authors also showed how this same tool and method eventually became instruments for the strengthening of regional relations under the new CG.

The PR lesson from this, especially the CGs endeavour to strike a balance between national security and trade facilitation speaks volumes about his capacity for strategic engagement while at a very sensitive duty post. The summary of those lessons is captured for the reader in this paragraph in chapter 1: “Effective stakeholder engagement positively influences organizational, outcomes, such as innovation, learning, sustainability practices, and other accomplishments”.

Chapters two and three of the book deal with media relations and press releases, as leadership, communication and organizational branding tools. The authors drew from history, and from the experiences of other nations, to drive home the relevance, significance and impact of media relations, including Adeniyi’s deployment of media visitations as a leader. Anyone who wishes to draw useful lessons about speech writing, rejoinder writing, feature/opining articles and more to look more closely at this chapter.

Chapters 4 and 5 x-ray for the reader the meaning of event management and event design, such that an essential point about the subject matter of the chapter is captured thus: “PR and event management require creativity, communication, coordination and context awareness”. And chapter 5 drives home some vital lessons on building an online persona, among other things. One of the vital lessons here, especially with regards to the positive impact of PR on NCS under Adeniyi, is captured thus in chapter 5: “…the NCS has achieved remarkable milestones in its digital presence and public engagements…”.

The sixth chapter, which deals with crisis communication, has these to tell us: (1), Get a clear understanding of what the issues are, their scope and likely impact, before you engage; (2) Secure management and/or leadership approval before taking any issue into the public domain; (3) Build trust through transparency and empathetic interpersonal relations; and (4) Ensure that there is a designated spokesperson who is trained, responsible and accessible, to handle all public engagements.

Chapters 7 and 8 deal with lobbying and CSR, respectively. Chapter 8 is important for anyone who wishes to garner useful insights into CSR as a strategic imperative and the role of CSR in community relations, especially what is written there about the “Three Categories of Good Neighbours” and the shift from CSR to responsible business strategy.

Chapter 9 of Impactful Public Relations in Customs Management, gives you practically everything you wish to know about reputation, reputation management, and how NCS used the pillars of reputation asset to make so much difference under its current CG. The tools for this include the inhouse publications circulars, official website, Nigeria customs broadcasting network (NCBN).

Here is the authors’ submission about the impact of these publications on NCS: “The strategic function of in-house publications within the Custom Service has transformed the organization’s communication landscape, fostering internal cohesion, building transparency, and trust in the public, showcasing achievements and innovations, humanizing leadership and engaging various stakeholders”.

The questions thrown up by this book, and answered for the reflective reader who sees beyond the mere narrative about the CG of Customs, include the following: (1) How does a PR professional take up hard core leadership and management position and function seamlessly in this new capacity? (2) What lines of action are open to an innovative leader who meets the pressures of the moment armed only with good ideas about love for country and knowledge of his sector? The answer to these questions lies in the book we are presenting here today.

That answers lies at the very core of what Adeniyi started, and is still doing, at NCS. Good intentions will always have a bumpy ride when the terrain is made up of competing, diverse and even dangerously domineering interests and orientations. The authors have taken us through one man’s personal journey, as well as his experiences; guided by his own competence, his resilience and his creative imagination. They have also shown how this one man’s journey has become the journey of an organization in the company of an organization.

Kabir Abdulsalam and Mariam Umar Na’Allah’s Impactful Public Relations in Customs Management, offers measurable and verifiable assertions about various aspects of PR, management and public administration. The book gives those who wish to travel on this road a road map and a guide. The observations, insights, and suggestions in the book are not at variance with the submissions of industry players and stakeholders in both the public relations profession and the regulatory agencies subsector.

The major submissions of the book are easily relatable and experience-confirmed independently. The book is, at once, an account of the trajectory of the CG of NCS and also a good profiling of what to do in an organization to make a difference; using professional PR principles and sectoral and industry knowledge. 

The compact book, Impactful Public Relations in Customs Management, should be put out in the public domain for PR students and practitioners. Well-meaning individuals and organizations should purchase and generously donate as many copies as possible to faculties of mass communication, business and public administration. The book should also be considered a useful and relatable literature for the Institute of Advanced Legal Studies, Administrative Staff college of Nigeria (ASCON), the National Institute of Policy and Strategic Studies (NIPPS) and other high calibre human capital development and leadership institutions and organizations.

I consider this book a good self-advertisement for the authors and the publishers and I congratulate them for it. Their capturing of the essential PR lessons at the end of every chapter of the work is a novel and arresting encapsulation of the vitals of every segment of the book. The book shows how to lead by relating in a sustainable way

QUOTE

it is easy to say that this is not the time to talk about the head of any institution of State at all. But not when a book is written about the person in such a way that it is as much an account of institutional history as it is also a narrative about a man whose trajectory is being inextricably woven into the story of an institution of state as well.

In a world where the term "Role model" is often loosely used, Kate Henshaw stands out as a true epitome of what it means to inspire, uplift, and lead by example. Over the years, Kate has carved out a niche for herself not just as an actress, but as a symbol of resilience, integrity, and dedication, qualities that make her a role model not just for aspiring actors, but for models and young professionals across various fields.

Her journey to becoming a role model is not just about her successful acting career, although that is a significant part of her story. With a career spanning over two decades, she has graced the screens with remarkable performances, bringing to life characters that resonate with audiences. However, it is her work ethic, professionalism, and consistency that have truly set her apart. She has never been one to rest on her laurels; instead, she continues to push boundaries and set new standards in Nollywood, demonstrating that excellence is not a destination but a continuous journey.

In addition to her acting prowess, she has remained a fervent advocate for fitness and healthy living. Her dedication to maintaining a healthy lifestyle has made her a fitness icon in Nigeria and beyond. With her daily workout routines, motivational posts, and infectious energy, she has inspired countless individuals to take charge of their health. In an industry where physical appearance is often scrutinized, her approach to fitness is refreshing. She promotes wellness not just for aesthetic reasons but as a means of living a balanced, fulfilling life. This holistic view of health is something that models, who often face pressure to maintain certain body standards, can learn from and adopt.

The entertainment industry is rife with challenges, including the temptation to compromise one’s values for fame and fortune. However, she has remained steadfast in her principles. Known for her candidness and unwillingness to conform to the pressures of the industry, she has navigated her career with a strong moral compass. This integrity is a key reason why she is revered not just by fans, but by her peers in the industry. For models, who often face the dilemma of staying true to themselves versus fitting into industry standards, her journey serves as a beacon of hope that one can be successful without compromising their values.

Beyond her personal achievements, Henshaw’s philanthropic efforts further solidify her status as a role model. She is deeply involved in various charitable causes, using her platform to raise awareness and funds for issues close to her heart, such as child health and education. Her commitment to giving back to society demonstrates that true success is not just about personal gain, but about lifting others as she climbs. This altruistic spirit is a powerful lesson for models and young professionals who aspire to make a difference in the world.

In the modeling industry, where the focus is often on external beauty, Kate Henshaw offers a refreshing perspective. Her life and career show that beauty is not just skin deep; it is the result of hard work, integrity, and a commitment to personal growth. Models looking for someone to emulate need not look further than Aunty Kate, as she is fondly called by her fans an following on social media platforms, whose life is a testament to the fact that true beauty and success come from within.

Without sounding panegyric in this context, Kate Henshaw is more than just a star; she is a shining example of what it means to be a role model in the truest sense of the word. As models and young professionals navigate their careers, they would do well to draw inspiration from her journey, embodying the values that have made her a respected figure both on and off the screen.

Without any scintilla of hyperbole, not a few of her colleagues in the Nollywood sector of Nigeria’s economy see her as a testimony of a generous Spirit. The foregoing can be verified by asking Google as internet does not lie.

In the vibrant and often competitive world of Nollywood, where personal success can sometimes overshadow collective growth, the name, Kate Henshaw, consistently pop up as a beacon of generosity and support. Beyond her stellar acting career, Henshaw is celebrated by her colleagues for her unwavering kindness, support, and willingness to uplift others in the industry.

Given the foregoing, it is expedient to opine that this article highlights the voices of those who have been touched by her goodness, painting a portrait of a woman whose influence extends far beyond the screen.

As a pillar of support in Nollywood, Kate Henshaw’s impact on her colleagues is nothing short of remarkable. Time and again, actors and filmmakers alike have spoken eloquently about her generosity, often crediting her with being a crucial support system during challenging times in their careers. Her readiness to lend a helping hand, offer advice, or even just provide a listening ear has endeared her to many within the industry.

One of the most vocal admirers of Kate Henshaw's kindness is her fellow actress, Uche Jombo. In several interviews, Jombo has praised Henshaw for her role in helping her navigate the early stages of her career. According to Jombo, she was one of the first established stars to reach out to her when she was just starting, offering not just professional guidance but also personal encouragement. This act of kindness left a lasting impression on Jombo, who has often referred to Henshaw as a "sister" rather than just a colleague.

In a similar vein, veteran actor Richard Mofe-Damijo (RMD), and the former Commissioner for Culture and Tourism in Delta has also publicly acknowledged Kate Henshaw's generosity, recounting a time when she stood by him during a difficult phase in his life. In a heartfelt social media post, RMD shared how Henshaw's words of encouragement and unwavering support helped him regain his confidence when he was at his lowest. He described her as a "true friend," someone who always goes the extra mile for those she cares about.

Still in a similar vein, actress Chioma Akpotha has often cited Kate Henshaw as a major influence in her career. In interviews, Akpotha has shared stories of how Henshaw took her under her wing, providing mentorship and guidance that were instrumental in shaping her path in Nollywood. Akpotha credits Henshaw with teaching her the importance of staying true to oneself, even in the face of industry pressures. This mentorship, she says, has been invaluable in her journey as an actress.

Also, producer and director Emem Isong has also spoken about Henshaw's support for women in the industry. Isong recounts how Henshaw has always been a vocal advocate for female empowerment, both on and off the screen. Whether it is supporting women-led projects, mentoring young actresses, or using her platform to speak out on issues affecting women, Henshaw has consistently shown that she is committed to lifting others up. Isong describes her as a "champion for women," whose actions speak louder than words.

Kate Henshaw’s colleagues’ testimonies paint a picture of a woman whose kindness and generosity have left an indelible mark on Nollywood. In an industry where it is easy to become absorbed in one’s success, Henshaw has remained grounded, always ready to assist and uplift those around her. Her legacy is not just in the roles she has played on screen, but in the lives she has touched off it.

In the end, it is clear that Kate Henshaw is more than just a talented actress; she is a role model, a mentor, and a friend to many in Nollywood. Her colleagues' glowing testimonials serve as a powerful reminder that true greatness lies not just in individual achievements, but in the ability to positively impact the lives of others. Kate Henshaw embodies this greatness, and for that, she will always be seen as an “Institution” in Nigeria’s Nollywood industry, particularly as she is not a controversial celebrity.

The request/demand by The Patriots, a group of eminent Nigerians for a new a constitution through National Constituent Assembly and a referendum, during their audience with President Bola Tinubu, and his response have generated public debate.

At first glance, the statement by the presidency on the august visit appears to be a positive and accommodating response, acknowledging the Patriots' concerns and expressing a willingness to engage in constructive dialogue.

However, upon closer analysis, some concerns and a missing link have emerged requiring further scrutiny and interrogation.

While the response acknowledged the Patriots' concerns, it fell short of making a concrete commitment.

The President's assurance that the requests will be "reviewed" appears vague, and this could lead to scepticisms about the President's willingness to address the Patriots' concerns.

Without a commitment and specific time-line or benchmark, the response could be seen as a delay tactic or a way to momentarily placate the Patriots, whose demands require an urgent call to action and decisive leadership.

Tinubu was a champion of a similar cause in the past, advocating for constitutional reform and social justice from military regimes.

Therefore, it is surprising and disappointing that his administration's position on such issues, lacks a clear plan or roadmap for implementation.

Critics warn that this position could undermine the trust and confidence of the Patriots and the wider public, and even lead to questioning his reform credentials.

To rebuild trust and demonstrate a genuine commitment to addressing the Patriots' concerns, Tinubu should go beyond vague assurances and provide a concrete action plan. This includes setting clear time-lines, allocating necessary resources, and establishing a transparent and accountable process for implementing the reforms. Anything less may be seen as a missed opportunity.

While economic reform is undoubtedly crucial for national development, it should not come at the expense of constitutional/political reform, which is essential for solidifying the country's democratic foundations and protecting the rights of citizens.

The Tinubu administration may be accused of sidestepping or diverting attention from politically sensitive constitutional issues and focusing on short-term economic gains.

To avoid this perception and demonstrate his commitment to addressing the Patriots' concerns, the president should reassure the Patriots and the broader public about his sincerity of purpose.

In the opinion of governance experts, constitutional/political reform is essential for creating the conducive environment for sustainable economic growth and development.

By prioritising economic reform over constitutional/political reform, the President may inadvertently be perpetuating the same systemic issues that have hindered Nigeria's progress.

The vagueness of the statement may also raise questions about the president’s willingness to confront challenges or make difficult decisions necessary for Nigeria’s advancement.

Similarly, unity as the president hinted, is essential for national progress, and this can only be realised through a deliberate and effective constitutional/political reform.

Therefore, the president should balance his emphasises on unity and addressing the Patriots' demands through an inclusive and participatory process to arrive at a pro-people governance system for Nigeria.

Furthermore, beyond platitudes, the Patriots and the wider public require concrete actions to address the country's endemic political and social malaise.

The omission of specific time-lines for addressing the Patriots' demands is a glaring oversight, and a missed opportunity with a big question mark on the President's commitment to meaningful reforms.

Dr. Sonny Onyegbula is a US-based Legal Consultant

A BILL FOR AN ACT TO  ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999(AS AMENDED) BY AMENDING PARAGRAPH 20  AND PARAGRAPH 21 OF PART 1 OF THE THIRD SCHEDULE TO THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA .

BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows :

The Constitution of the Federal Republic of Nigeria 1999 (as amended) in this Bill referred to as ‘The Principal Act’ is amended in Paragraph 20 of Part 1 of the Third Schedule by deleting the said paragraph 20 and substituting therefor a new paragraph 20 as follows:

1 The National Judicial Council  shall comprise the following members with not less than  one member  appointed from each of the six geopolitical zones in Nigeria.

(1)To be nominated and appointed  by a majority of all the Justices of the Supreme Court voting by secret ballot:

a A retired Justice of the Supreme Court to serve in rotation for two years.

b A retired Justice of the Court of Appeal to serve in rotation for two years.

c A Chief Judge of a State to be appointed from among all the Chief Judges of the States to serve in rotation for two years.

d One Grand Khadi to be appointed  from among  the Grand Khadis of the Sharia Court of Appeal to serve in rotation for two years.

e One President of the Customary Court of Appeal to be appointed from among the Presidents of the Customary Court of Appeal  to serve in rotation for two years.

(2)Five members of the Nigerian Bar Association who have been qualified to practise for a period of not less than fifteen years nominated by the National Executive Committee of the association:   

  (i)One of whom shall be a Senior Advocate of Nigeria who has practised in that capacity for a   period of not less than fifteen years and who shall be the Chairman of the Council serving a single term of four years and no more.

      ii) Another Senior Advocate of Nigeria to serve for two years but subject to re-appointment.

(iii) Two non-Senior  Advocates of Nigeria to serve for two years but subject to reappointment (iv) A female member to serve for two years but subject to reappointment.

v) Three persons of unimpeachable integrity not being legal practitioners  and not being  card- carrying members of any political party all of whom  must be educated to at least university level  nominated by the National Executive Committee of the Nigerian Labour Congress, National Executive Committee of the Trade Union Congress and one other distinguished Nigerian academic nominated by the National Executive Committee of  the Academic Staff Union of Universities.

2 Paragraph 21 of Part 1 of  the Third Schedule of the Principal Act is amended by the insertion of a  proviso after paragraph  21 a- j as follows :

Nothing in this paragraph shall derogate from the powers of any agency  from investigating and prosecuting in a court of law or Tribunal any judicial officer whose conduct in the opinion of such agency constitutes a violation of any law or code, and the exercise of the powers of the Council shall not be a condition precedent to the exercise of the powers of such agency, court  or Tribunal.

Initiated by Senator Sola Akinyede

Dated 21^st of June 2024

                                          EXPLANATORY MEMORANDUM

The Bill seeks to alter the Constitution of the Federal Republic of Nigeria 1999 (As Amended) to reconstitute the membership of the National Judicial Council and to permit all members of the council participate fully in the affairs of the council.

               THE IMPERATIVE OF RESTRUCTURING THE NATIONAL JUDICIAL COUNCIL

‘The public reputation  of the judicial system hangs on the perceived adherence to the principles of justice. An unjust court is an illegitimate court’-  Justice Sonia  Sotomayor of the United States Supreme Court in the case of Rosales Morales v US

The credibility, reputation and public perception of the Nigerian judiciary is at an all-time low. A judiciary that once had internationally acclaimed jurists (like the late Justice of the Supreme Court Sir Udo Udoma, whose judgement as the Chief Justice of Uganda is still cited in British universities and text books, Justice Kayode Eso and Justice Chukwudifu Oputa )-now delivers judgements that are derided by  a confounded Nigerian public who to quote Justice Dattijo Muhammad ‘have become witheringly scornful and monstrously critical’ . ‘It is an open secret that  judges and court officials are bribed by litigants  to obviate delays or obtain favourable judgements’.

Among the examples of cases that shook the confidence of Nigerians:

i The judgement of the Supreme Court in the 2020 Imo governorship election.

iii Other  judgements of the Supreme Court  especially in political cases where such judgements are totally at variance and unrelated to reality.

iii The judgement of the  three Justices of the Court of Appeal in the Kano State  Governorship election petition in which the court came to two opposite conclusions dismissing the appeal of the NNPP governor and  holding the APC candidate as the duly elected governor in the judgement read in open court, while the certified true copy of the same judgement upheld the appeal of the NNPP governor and declared him as duly elected.

iv The present judicial confusion in the Kano State Emirate cases in which over a 5-day period, three different judges, two in the Federal High Court which under the constitution clearly lacks jurisdiction in chieftaincy matters, and the Kano State High Court gave conflicting orders. For the Federal High Court, it a clear case of judicial impunity and utter recklessness, the chaos and confusion indicative of a weak disciplinary oversight or a dereliction of duty by the National Judicial Council (NJC) in ensuring judicial discipline.

These are all signs of a decaying judiciary and justice system

In addition to this, is the perception that the heads of the judiciary are unable or unwilling to  confront corruption  which many suspect may be responsible  for some of the bizarre judgements coming from the judiciary. There has been no serious attempt to bring to book judicial officers against whom there were clear and water-tight cases of corruption, the appellate courts preferring to save those judicial officers by deploying spurious technicalities not supported by law, our constitution or global best practices.

Example

About twelve years ago, a judicial officer  was found to have had a substantial amount of money including foreign currency in his account. The judicial officer who could not explain how he came by this amount which was clearly not fairly attributable to his income as required by the  Code of Conduct for Public Officers was charged to court for money laundering and unlawful enrichment. He did not bother to explain the source of the money, but put up a technical defence that he could not be prosecuted unless  he was first disciplined by the National Judicial Council. There is no provision in our constitution, in any law or global best practices that states that a judicial officer cannot be prosecuted unless the NJC whose authority under the constitution is restricted to  ‘exercising disciplinary control  over judicial officers’ (and not crimes) first takes disciplinary action. Indeed in the United States, and many other countries, conviction for an offence is usually a basis for commencing disciplinary action by such judicial bodies.

As expected, the high court dismissed this technical defence. But to the shock of many, the Court of Appeal upheld the technicality. The Supreme Court also agreed, discharging the judicial officer -in effect fabricating a technical immunity for judicial officers. That judicial officer is still in office today. In February 2021, in a publication in Thisday , I warned that this fabricated immunity would be extended to the police who have their own disciplinary body-the Police Service Commission as well as to the civil service which  has the Civil Service Commission. In February this year as predicted, after an eight-year trial, a Federal High Court sitting in Abuja dismissed  charges of money laundering and conversion of N21.5 billion  belonging  to the Nigeria Air Force against three of its ex-officers on the ground that being serving officers at the time of the alleged offences, they were only subject to trial by court martial. The court was obviously  relying on the same technicality  used by the Supreme Court to free the judicial officer. The  military officers could not be prosecuted in the civil courts, but since they are no longer in the military, they also cannot now be court martialled. Like the judicial officer they have been set free.

It is sad that it is the appellate courts that are deploying technicalities to enable public officers commit acts of corruption against the Nigerian state.

JUDICIAL APPOINTMENTS

To make matters worse, it is increasingly becoming common for senior judicial officers to organise the appointments of their children and relatives into the judiciary, obviously to the exclusion of better qualified candidates. In 2021, Mr Olumide Akpata former President of the Nigerian Bar Association then a member of the NJC,expressed his shock that important legal issues put to nominees for appointment to the Court of Appeal could not be answered saying that the exercise by the NJC was rushed and conducted ‘like an old school boys meeting’ with some members of the NJC saying that the candidates ‘would learn on the job.’ Learn on the job at the Court of Appeal ?!  A situation in which out of the hundreds of eligible candidates, eight of the twelve judges(almost 70%) sworn in as judges of the FCT High Court are children or relatives of senior judicial or former senior judicial officers presents a high statistical improbability without some manipulation or undue influence  and is worrisome

Nigeria has many brilliant and upright lawyers and judges and obviously what is happening is that the best are not listed for consideration. Why is this so ?

STRUCTURE OF THE FEDERAL JUDICIAL SERVICE COMMISION AND THE NATIONAL JUDICIAL COUNCIL

The body that shortlists and decides who should be invited for consideration for judicial appointments – the Federal Judicial Service Commission is headed by the Chief Justice of Nigeria (CJN)with the President of the Court of Appeal as deputy. It is also the body that advises the National Judicial Council. The body that interviews and selects the shortlisted candidates and decides who to recommend to the President for appointment as judicial officers  -the National Judicial Council  is also headed by the Chief Justice of Nigeria with the President of the Court of Appeal also as deputy.

The CJN is also responsible under the constitution for the appointment of 19 out of the 23 members (82 %) in the National Judicial Council. Almost 90%, (88%) of the members of the Council are judicial and ex- judicial officers. So when the CJN composes his list of candidates as the Chairman of the Federal Judicial Service Commission and brings it to the National Judicial Council where he is also the Chairman, who among the 19 appointees that he brought to the Council or the 88% of the judicial or ex-judicial officers most of whom are also his appointees  will have the guts or courage to oppose or challenge his decisions?

I am not aware of any country in the world  where the percentage of judicial and ex judicial officers in a body like the NJC is almost 90%.  In the United Kingdom a similar body the Judicial Appointments Commission has 15 members. Only 6 (40%) are judicial members. The Chairman as well as 5 other members are non-lawyers. In the United States of America, in most states, a majority of the members are non-lawyers and judicial officers make a minority of the membership.

To make matters worse and shocking, a proviso  to paragraph 20  of the third schedule part 1  to the constitution provides that even the five members of the Nigerian Bar Association appointed by the CJN can only sit for the purpose of appointment of judicial officers meaning that they cannot sit in respect of disciplinary matters relating to judicial officers. So a legal  practitioner who has been a lawyer for 50 years and a Senior Advocate of Nigeria for 20 years as a member of the Council  is not allowed to sit or participate if a judicial officer who has been a lawyer for just 12 years  and a judge for two years is facing disciplinary  action. I am not aware of any country in the world where this is so. In many countries even non-lawyers are allowed to, and do participate in disciplinary proceedings against judicial officers.

The present situation where  the CJN is the alpha and omega-  akin to a monarch wielding authoritarian powers leading the NJC which essentially  is a private members’ club of judicial and ex-judicial officers whose primary instinct is to at all cost protect themselves and their brother judicial officers and preserve the status quo is as follows:

1. The best materials are denied appointment as judicial officers, with members of the council preferring to appoint their relatives and favoured candidates rather than on merit.
2. Disciplinary control of judicial officers is weak and lackadaisical -a reason why judicial corruption and many scandalous judicial decisions are on the rise and the judiciary in serious decline.

This was confirmed by a retired Justice of the Supreme Court Justice Muhammad Datijjo- the second in command to the current CJN during his valedictory speech on the 27^th of October 2023 when he bemoaned the absolute powers vested in the office of the CJN. He also said ‘ As much as possible the most qualified men and women were elevated. That can no longer be said about appointment to the bench’. Finally he said ‘The institution (the Judiciary) has become something else’ Coming from a very senior judicial officer, this was damnifying.

INNOVATIONS

The anomalous and incongruous situation in which a person who heads the body(Federal  Judicial Service Commission)  that decides and prepares a shortlist of persons  for judicial offices and whose function is to advise the NJC is also the head of the NJC the body it advises and which  interviews , decides those qualified for judicial offices and sends the list of such persons to the president has been addressed by this amendment.

a)While the CJN remains the head of the Federal Judicial Service Commission, he is no longer a member or Chairman  of the  restructured NJC. The two principal stakeholders in our legal system and the justice system are the Bar and the Bench. In order to address the obviously lopsided  and monopolistic current arrangement and create some balance, while the Bench chairs one of the judicial bodies, the Bar chairs the other.

b) His powers of appointing  82% of the members of the NJC have been removed. The judicial members of the NJC are now nominated and appointed by the Justices of the  Supreme Court.

c) In order to reduce the overbearing influence of judicial officers and create a balance as in most countries, the number of judicial and ex judicial officers in the NJC (almost 90%) has been reduced to 5(about 40%) of the members. In the UK it is 40%.  The children of ordinary Nigerians- farmers, labourers vulcanisers etc have a right to aspire to judicial and high judicial offices if they have the right credentials and proven integrity. It is hoped that this amendment  will bring in fairness, transparency and balance in judicial appointments, as well as firmness and transparency in the discipline of judicial officers.

d) Members of the Nigerian Bar Association will now participate in the full affairs of the Council as in most countries.

e) In order to ensure the independence of the Council, the non-lawyer members  who are also currently appointed by the CJN are now nominated and appointed by independent and broad based organisations –  The National Executive Committees of the Nigeria Labour Congress, the Trade Union Congress and the Academic Staff Union of Universities. A person does not have to be a judge or a lawyer to understand fairness in appointments, corruption in the judiciary etc. All that is required is a good level of education and understanding. The percentage of non-lawyers in the UK is 40%. Under the proposed amendment  it is 3 out of 13 (23%)

f) Finally in the spirit of reducing  the cost of governance, the membership of the Council has been reduced from 23 to 13 with provisions that ensure that each of the six geo-political zones in the country is represented and that one of the five members nominated by the Nigerian Bar Association is a female.

PROVISO TO PARAGRAPH 21

The purpose  of this amendment is to override  the self-serving technicality manufactured by the appellate courts to prevent themselves and other judicial officers from being prosecuted by the law enforcement agencies. They should be subject to prosecution like all other Nigerians.

CONCLUSION

The National Judicial Council was established 45 years ago. Clearly, it is no longer fit for purpose. It is not working well and needs to be restructured, the membership broadened  and invigorated. That the country is in dire need of judicial reform is without doubt. That reform will not happen unless it starts with the National Judicial Council. In the last 30  or so years, high level corruption, opacity and lack of transparency in public affairs  by public officers has increased exponentially and alarmingly as a result of which access to justice by the citizen as well as access  to social rights have significantly  declined. If the judiciary, the only body that can ensure accountability by the Legislature and the Executive itself becomes enmeshed in these ills as is beginning to happen the country is finished.

SENATOR SOLA AKINYEDE  OON, LL.M – WHO WAS IN THE SENATE FROM 2007 TO 2011 SENT THIS BILL TO THE 2024 SENATE COMMITTEE ON CONSTITUTION REVIEW

A fresh move to oust the national chairman of the ruling All Progressives Congress (APC) Dr Abdullahi Ganduje is afoot by power brokers in the presidential villa.

It was learnt that the move would entail easing off the embattled former governor of Kano State through an ambassadorial appointment in order not to disgrace him out of office.

A source, in the know, confirmed to LEADERSHIP that the villa had actually presented the ambassadorial offer to Ganduje, with the hope that he would accept it and move on.

The source hinted that Ganduje’s delay in accepting the offer is one of major reasons why the formalised ambassadorial list has not been released.

It was further learnt that it was on the back of the aforementioned arrangement that the president gave his nod for the convening of a National Executive Committee (NEC) meeting for next month.

The plot is reminiscent of how former Peoples Democratic Party (PDP) national chairman, Bamanga Tukur, was appeased to vacate office in 2014 by then President Goodluck Jonathan following pressure by aggrieved governors at the time.

Jonathan, in a bid not to disgrace Tukur, appointed him Ambassador-at-Large, having earlier appointed him chairman, Board of Directors of the Nigerian Railway Corporation, after he (Tukur) resigned from the political office.

LEADERSHIP had on Tuesday reported exclusively on an approval by the presidency for the APC NEC meeting to be held next month.

The nod for the meeting is against the backdrop of President Bola Tinubu’s availability for the top meeting between September 6 and 19.

The NEC meeting will set the stage for the conduct of a non-elective national convention which will be held before the end of this year.

Besides being the first NEC meeting this year, it will also be the first under the national chairmanship of Ganduje.

Ganduje’s assumption of office in 2022 has been dogged by opposition from North Central party leaders who argue that he is occupying the zone’s slot against the zoning arrangement.

His situation was subsequently compounded by an alleged financial corruption probe into his administration as Kano State governor by his successor, Abba Kabir Yusuf.

An APC chairmanship aspirant in 2022, Muhammad Etsu, had filed a legal injunction to stop Ganduje from parading himself as national chairman.

He had argued for the national chairmanship seat to return to the North Central zone, as it was zoned ahead of the 2022 elective national convention.

In the build-up to the 2022 national convention, the APC had zoned the position to the North Central which saw Senator Abdullahi Adamu emerge as national chairman.

He, however, resigned in 2023 paving the way for Ganduje, who hails from North West, to become chairman.

LEADERSHIP Friday learned that some top APC federal lawmakers have also leaned on Ganduje to take the ambassadorial slot.

But another party source revealed that Ganduje had also tried to rally some close friends of the president to save his job.

He is said to have met a former South West governor and close Tinubu ally and contemporary as governor, to intervene in his case.

Meanwhile, APC stakeholders from the North Central yesterday renewed their push for Ganduje to vacate the office.

It was gathered that the plot is to replace Ganduje with former Nasarawa State Governor Umaru Tanko Al-makura, who had contested the top party seat in 2022 but lost to his predecessor in Nasarawa, Senator Abdullahi Adamu.

Calls and text messages to Al-makura over his interest in the APC national chairmanship were not responded to as of press time.

However, in a letter addressed to President Tinubu, Concerned North Central APC Stakeholders urged the president to “resolve some of the issues agitating” their zone, “especially the issue concerning the zoning of party chairmanship back to the zone where the seat originally belongs.”

The letter was signed by a former chairman aspirant, Mohammed Estu.
It further said the “emergence of Dr Ganduje was at a severe cost to our zone which has been left high and dry. We have not been adequately compensated. The North Central zone as a collective is the party’s strongest zone politically today. Five out of the six states in the zone are controlled by the party. This is a high percentage,” the letter read.

Earlier, Estu, in a press conference, commended the president for finally initiating the “long overdue” NEC meeting and urged the President to consolidate the acceptance of APC in the zone by rewarding the hard work of party members in the zone.

He said: “But, more importantly, by ensuring that the chairmanship of the party zoned back to the North Central, the president will be ensuring that the yearlong injustice to the zone is righted.
“Since the last reorganisation of the party, all the zones were adequately represented except for the North Central which has still been left in the cold. We want to also take our seat in the comity of our peers,’’ Estu said at the meeting.

Ganduje, APC Mum Over Plans For Ambassadorial Appointment, Substitution Of Legal Adviser
Meanwhile, Ganduje has kept mum over insinuations that he has been tipped for ambassadorial appointment to leave his current position for someone from the North-Central geopolitical zone.
When contacted, the chief press secretary to APC national chairman, Edwin Olofu, did not reply to our correspondent as of the time of this report.

Similarly, the APC national publicity secretary, Felix Morka did not respond to inquiries about the development, including on plans to substitute the party’s national legal adviser position presently in North-central with a North-west occupant.

It was gathered from credible sources in the party that the President planned to return the position of APC national chairman to North-Central, hence the national legal adviser would return to North-West zone which had held the position.

Originally, Ahmed El-Marzuq, the erstwhile APC national legal adviser, had resigned from his position shortly after the party’s former national chairman, Adullahi Adamu bowed out.
Consequently, Prof. Abdulkarim Kana from Nasarawa State was appointed to fill the vacancy, the position he is holding till date.

“Part of the plan is that by the time Ganduje leaves, the position of national legal adviser will go back to North-West as another national chairman will emerge from North-Central. This will likely take place during the National Executive Council (NEC) meeting expected in September,” the sources who do not want their names mentioned said.

[Leadership]

There are indications that the persistent fuel shortage across the country is caused by the decision of some marketers not to lift fuel over impending price increase.

Sources who spoke to our correspondent on Friday stated that some filling stations were not selling in anticipation of a price increase ahead of the roll out of petroleum product from Dangote refinery.

A newspaper (not Daily Trust) had reported that independent marketers were anticipating the premium motor spirit (pms) to be sold at N600 per litre when it’s finally rolled out.

But the management of Dangote refinery clarified that the speculation that marketers expect the refinery to sell petrol at N600 per liter is not reflective of the refinery’s position while also denying fixing price at that price.

“We would like to clarify that Independent Petroleum Marketers Association of Nigeria (IPMAN) is not our business partner yet,” said Anthony Chiejina, spokesman of the Dangote Group.

Our correspondent learnt that despite the denial by Dangote, some marketers were hoarding fuel in anticipation of the price hike.

Daily Trust learnt that the Nigerian Midstream and Donwstream Regulatory Authority (NMDPRA) has threatened to shut down filling stations that refuse to dispense fuel.

However when contacted, Chief Corporate Communications Officer of the Nigerian National Petroleum Company Limited (NNPCL), Olufemi Shoneye, said there is enough supply as far as NNPC is concerned.

“In terms of supply, I can confirm that we have supply,” he simply said when contacted on Friday.

Reports from across the country on Thursday indicated that the scarcity persisted with long queues in a few major filling stations that are dispensing fuel while a litre is almost hitting N1000 at independent filling stations.

[DailyTrust]

Famous rapper Nicki Minaj has expressed her admiration for Nigerian singer, Ayodeji Balogun, aka Wizkid.

Speaking during a recent stream on StationHead, the ‘Queen of rap’ said she has “much love and respect” for Wizkid.

Minaj described the ‘Ojuelegba’ crooner as “very chill and smart.”

She said, “He [Wizkid] is a very very cool chill guy. He’s really that guy, very smart. I have much love and respect for him.”

She also revealed they met while she was recording her 2018 album ‘Queen’ in a studio in Queens, New York.

Despite rumours of a Wizkid and Nicki Minaj collaboration over the years, the duo has not yet released any songs together or confirmed that they have an unreleased song together.

[DailyPost]