Law
Decentralize Supreme Court For Speedy Dispensation of Justice, Retired Justice Oniyangi advocates
Decentralize Supreme Court For Speedy Dispensation of Justice, Retired Justice Oniyangi advocates
By: Michael Mike
A Retired Judge of the Court of Appeal, Justice Mudashiru Oniyangi on Tuesday called for the decentralization of the Supreme Court to allow for speedy dispensation of justice in the country.
Oniyangi, gave this advice in Abuja while celebrating his retirement from the Bench, even as he suggested that the nation should consider establishing an appellate court in every state in the country to reduce the volume of pending cases.
Justice Oniyangi, who was until who until his retirement the Judge at the Appeal Court, Jos retired after twenty-six years on the bench.
Speaking to journalists in Abuja, Oniyangi said: “Speedy dispensation of justice as far as I am concerned and my experience on the bench, on most occasions, the court sits either 9am or just a little after 9am. But if case A is called, you either find the prosecutor or the defense counsel telling the Judge my witnesses are not ready. The Judge will never say I am not ready to handle this matter rather you would hear from the prosecutor or defense counsel saying; give us another date, or throw away the matter. The Judge will still insist and say let’s give them some time. So the court is always ready. I am not beating my chest for everybody but you will find out that 98% of these courts sit on time.
“The Supreme Court has a number of cases but my question is why is the Supreme Court not decentralized in every geopolitical zone? The headquarter can be here in Abuja as well as the Chief Justice of Nigeria but when that division is created, the Justices of the Supreme Court sent there will attend to matters in that geopolitical zone but it will be the same one Supreme Court, no division. The Justices will just be assigned to do the job there and decongest the headquarters in Abuja.
“Abuja is full to the brim, cases are pending. The Justices are trying but the number of Justices cannot cope with the pressure of jobs going on.”
Justice Oniyangi further advocated for the establishment of an appellate court in all the states of the Federation as one of the solutions to ensure speedy dispensation of justice.
He said this would have a wider implication, as it saves time and man-hour if cases are disposed of at that level state by state rather than moving to other states.
He lamented that: “The Court of Appeal is short of manpower. They need more Justices in the court. In my personal view, every state should have a division of the Court of Appeal so that they can face the issue and problem happening in every case rather than the present number that we have. It will reduce congestion or risk on the road.”
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He also outlined some of the challenges confronting dispensation of justice in the country to include low fundings of the judiciary and poor infrastructure among other factors.
He said: “The workload for the Judges in Nigeria is too much in most cases. Unlike the advanced countries, a judge will conduct pre-trial, after scrutinizing the file, he passes it to the registry, then that file will pass to the Judge who will carry out the trial and that is the only file he will have pending. Here, like the high court, we don’t have specialized courts and that is why you find Judges doing criminal matters, civil matters, and commercial matters. A Judge may be assigned up to 1000 files in a court which is on every subject; commercial, criminal, civil.
“Then, we have the manual recording. The National Judiciary Council Institute has been trying its best to make sure that all courts are equipped with recording machines but the question is, where is the fund? I have heard heads of courts lamenting budget issues.
“Monies are not adequately provided for them to acquire these equipment to enhance productivity and you find most courts writing with long hands. If not when the issue of COVID-19 that everything started going virtual. You cannot compare the Court of Appeal with Trial Court. The Trial Court has the bulk of the work.”
Decentralize Supreme Court For Speedy Dispensation of Justice, Retired Justice Oniyangi advocates
Rimingado Remains Substantive Chairman, Kano Anti-graft Agency – Court Declares
By Our Reporter
The National Industrial Court sitting in Abuja has declared Barr. Muhuyi Magaji Rimingado, the suspended Chairman of Kano State Public Complaints and Anti-Corruption Commission, as the Substantive Chairman of the agency.
This is contained in a judgment delivered by the court, presided by Justice Oyejoju O. Oyewumi in Abuja.
Barr. Muhuyi Rimingado had instituted a case before the court challenging his illegal and indefinite suspension from office since July 2021, for rejecting the posting of a GL4 officer as an accountant to the commission and other sundry investigation activities involving the first family of Kano State.
Justice Oyejoju Oyewumi ruled that up till date the appointment of the Claimant by Governor Abdullahi Umar Ganduje has not been terminated because no further action or letter of termination of appointment has been given to the complainant, hence Rimingado remains the chairman.
The court further ordered the 1st defendant in the suit (Kano State Government) to pay the Claimant (Rimingado) the sum of N5,713,891.22, being his 17 months salary arrears from the date of his suspension to the date of the judgment (Dec. 14, 2022). The court added the complainant should be paid his monthly salary from the day of the judgment to the date of his reinstatement.
According to the judgment sighted by our correspondent, the suspension letter of the claimant did not specify with or without salary.
Justice Oyejoju Oyewumi also ruled that the suspension of Barr.Muhuyi Rimingado should not be a permanent deprivation of right, unlike termination which required giving the employee an opportunity of being heard.
The court however struck out the relief of Barr. Muhuyi Rimingado to quash his suspension because of a similar case pending before a Kano High Court.
The court also faulted the harassment and intimidation of the embattled anti-corruption czar by the Kano state police command where he was arrested with a warrant that discloses no offence.
Justice Oyejoju Oyewumi viewed such molestation an act of impunity without legal justification and therefore restrained the commissioner of police (the 6th defendant) “perpetually from meddling in the affairs of the claimant in any matter affecting his work place”.
Rimingado Remains Substantive Chairman, Kano Anti-graft Agency – Court Declares
Federal high Court jos declares Patrick Dakum winner of the governorship candidacy tussle
By Bodunrin Kayode
The Jos Division of the Federal High Court has dismissed a suit filed by Amb. Yohana Margif seeking the court to declare him as the lawful candidate of the Labour party.
With this development Dr Patrick Dakum was declared as the legitimate Gubernatorial candidate of the Labour Party (LP) in Plateau State for the upcoming 2023 General Elections.
Justice Ageshi affirmed that Margrif withdrew his candidature by virtue of the documents tendered by Dr. Dakum in court.
Federal high Court jos declares Patrick Dakum winner of the governorship candidacy tussle
Alleged defamation: Court to hear N1bn suit against Ned Nwoko Feb. 27
A Federal Capital Territory (FCT) High Court, Abuja, has adjourned a N1 billion defamatory suit filed by Dr. Gabriel Ogbechie against Mr. Ned Nwoko until Feb 27 for hearing.
Justice Chizoba Oji adjourned the matter after counsel for the parties stated their positions on their resolved to explore an out-of-court settlement.
When the matter was called for hearing, Ogbechie’s counsel, Ekemejero Ohwovoriole, SAN, informed the court that the out-of-court settlement had broken down as the defendant had not reached out to him since the last adjourned date.
But Onyeka Nwokolo, who appeared for Nwoko, told the court that he had not been able to proceed with the planned reconciliation because his client had been indisposed.
Nwokolo, who said that he discussed the possibility of the settlement with his client, said he was still convinced that the window for settlement could still be explored.
He admitted that he had not been able to communicate the outcome of their discourse with the claimant’s lawyer.
Ohwovoriole, however, disagreed with Nwokolo’s submission, stating that the defendant had 180 days from May 30, the last adjourned date, to explore the avenue.
The lawyer said he was ready to proceed with the case.
Justice Oji agreed with the submission of Ohwovoriole and called for commencement of hearing in the suit.
She however advised both parties to explore the out-of-court-settlement option before the next hearing date.
The judge adjourned the matter until Feb. 27 for further hearing or report on the outcome of the reconciliation.
Ogbechie, in the writ of summons marked: CR/560/2021, had sued Nwoko as sole defendant.
In the suit, Ogbechie is claiming, among others, a retraction of the defamatory publication allegedly made by Nwoko, a written apology and the sum of N1 billion as damages.
Alleged defamation: Court to hear N1bn suit against Ned Nwoko Feb. 27
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