2011: Bracing up for more litigation

By Felix Adewumi

Introduction

The year 2010 ended on a high note for the judiciary after the resounding ovation it received in its attempt to deliver justice without prejudice.

Notwithstanding the little drama during the suspension of Michael Aondoakaa from the rank of Senior Advocates of Nigeria (SAN) that almost tainted the image of the judiciary towards the tail end of 2010, the judiciary had really lived up to its expectation.

However, despite these notable achievements, Nigerians still look up to the judiciary and expects much from it in 2011.

Continuation of trials of alleged corrupt leaders

Nigerians have really expected the judiciary to as a matter of urgency conclude the trial of alleged corrupt leaders which has taken longer years to conclude

The trial of Chimaroke Nnamani former Enugu State Governor, Ayodele Fayose, former Ekiti State Governor, Rasheed Ladoja, former Oyo State governor, and James Ibori, former Delta State governor had been seen as a welcome development coupled with trial of some top Nigerians who have at one time or the other allegedly committed financial crime.

With the general election coming real fast and most of the former governors are warming up to join the political field is something to worry about.

Fayose is said to be eyeing the senatorial seat in Ekiti State while Ladoja want another shot at the Governorship seat of Oyo State meanwhile their case are still in court.

The fact that whenever these cases are being heard, people trouped into the court premises to watch the proceedings show the importance that Nigerians placed on the trial.

More worrisome is the fact that the most of these trials started as far back as 2007 and had been suffering various delay through frivolous adjournments.

The Economic and Financial Crime Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) coupled with the National Drug Law Enforcement Agency (NDLEA) had been having a field day in the prosecution of most of these people and result is expected to be arrived at in 2011.

Trial of bank chiefs

The end have definitely not have been heard of the trial of bank chiefs who were sacked from the by Lamido Sanusi, CBN governor as most of the bank chiefs are still gradually going through the case.

The arranged bank chiefs include Mrs. Cecilia Ibru of Oceanic International Bank, Mr. Okey Nwosu of FinBank Nigeria Plc, Mr. Sebastian Adigwe of Afribank Plc and Bartholomew Ebong of Union Bank of Nigeria.

Others include Francis Atuche of Bank PHB, Ojo Enaholo of Spring Bank, Ike Oraekwotu of Equitorial Trust Bank, and Chief Erastus Akingbola of Intercontinental Bank

Ibru who was sentenced to a cumulative imprisonment term of 18 months by a Federal High Court in Lagos for pleading guilty to charges bordering economic crimes after she forfeited assets worth N191 billion is expected to be out in the first quarter of 2011 since her sentence runs for six months concurrently.

The bank chiefs were arraigned on separate charges of over 131 counts bordering on fraud, concealment and grant of loans without adequate collateral running into about N625.95 billion and their trial has been one of the major test of the credibility of the judiciary.

Also arraigned were seven non-executive directors of Intercontinental Bank Plc including the Chairman, Chief Raymond Obieri, Hyacinth Enuha, Christopher Adebayo Alabi, Samuel Adegbite, Isyaku Umar, Bayo Dada and Sanni Adams.

Others were three bank debtors, Mr. Peter Ololo, who was arraigned alongside his company, Falcon Securities Limited, and Henry Onyemem and Niyi Opeodu who were arraigned with Ebong.

However, with most of the arraigned bank chief filing a separate suit at the Federal High Court challenging the power of CBN in removing them from their post, or filing different applications to subvert the suit, the stage seems set for an interesting turn of event in 2011

Election and the petition tribunals

It is no more news that election is expected to take place later in 2011, neither is it news that the Independent National Electoral Commission (INEC) has promised a free and fair election, but what will be news will be if the election was done without any electoral disputes.

2011 is expected to be busy for the judiciary as after the election, there is bound to be disenchanted people who had lost out of the election and will want to seek redress from the election tribunal.

When the tribunal started in 2007, what was unknown was the ability of the tribunals to arrive at a result and clear the air of all the illegality and irregularities that the election had brought, little did anybody know that the tribunals was set with a surprise for the nations when they began to correct the errors of the election.

The role of the tribunals in Ekiti, Ondo, Osun, Edo, Rivers, Anambra, Bauchi, Delta, had placed real trust in the judiciary to be able to do same in 2011 if election results go the same way as that of 2007

Call for the abolition of the SAN title

Controversy almost rocked the Nigerian Bar Association (NBA) in 2009 when a major debate over the retention or abolition of the rank of Senior Advocate of Nigeria (SAN) started.

The debate took centre stage during the national conference of the association, which took place when the motion for the abolition was spearheaded by a pressure group that called itself 'The Movement for the Abolition of the Rank of Senior Advocate of Nigeria and other Judicial Reforms' led by an octogenarian lawyer activist, Pa Tunji Gomez.

Among the reasons listed by the movement for their opposition to the rank are: that the SAN title now seems hereditary being passed from father to children with proponents of the agitation describing the privilege as unfair and tantamount to injustice to other lawyers; that the conferment confer undue advantage on selected few thereby making them superior to others; that members of the silk see themselves as a cartel within the legal profession; that the rank creates a dichotomy of lawyers in which a camp belongs to one group of exclusion few with privileges in exclusion of others which is unfair and unjust; and that the process of appointment to the rank is seen to be flawed and inadequate to identify those who really should merit such distinction.

However, the beneficiaries of the SAN title and their supporters disagreed with this posture claiming that the conferment of the rank is in recognition of hard work and commitment as well as honour and motivation for distinguished legal practitioners.

This argument continues in 2010 on a silent note but the suspension of Aondoakaa from using the SAN title may as well bring the issue into limelight again in 2011.

Looking Ahead

Presently, the confidence is being restored into the judiciary; the judiciary was no longer a tool for impeachment, and for passing unwanted decrees.

Under the democratic dispensation, the rule of law is gradually taking root, in the sense that things are being done according to law. The government is subjecting itself to law. All this bring some confidence in the court because at the end of the day, the right institution which determined whether there is rule of law or not, is the court.

Much is still expected from the judiciary, though it is believed that if the report of the Electoral committee set up by late Preseident Umaru Yar’Adua has been utilised efficiently, it will prevent any other electoral woe in the country.