The Judiciary in 2010: Correcting electoral woes
By Felix Adewumi
Recent happenings have restored hope in the judiciary. Felix Adewumi X-rays the major event in the year and the role the judiciary played in the events.
Background
The year 2010 started on a high note for the judiciary just as the 2009 ended, notwithstanding the way the Judiciary Staff Union of Nigeria (Jusun) had threatened to paralyse court activities in the previous years.
With the uncertainty over the health of late president Umaru Yar’Adua when he was flown to
The year 2010 consolidated on the achievements of the judiciary in the previous years was the year the judiciary won the heart of Nigerians by its resolute stand behind truth and justice.
No doubt the judiciary arm of government has large role to play in the sustenance and consolidation of democratic governance in
Since the events of Edo and
Trials of corrupt leaders
One area where much is expected of the judiciary is when bigwigs with connection are facing trial for various offences. When in 2007, the Economic and Financial Crime Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) began to arrest top
The trials of Chimaroke Nnamani former Enugu State Governor, Ayodele Fayose, former Ekiti State Governor, Rasheed Ladoja, former
After the initial euphoria that greeted the trial of the former ex-governors, Nigerians were set for a different dimension in those trials after the trials were increasingly adjourned thereby causing delays.
The arraignment of Chief Olabode George, former chairman of the Nigerian Ports Authority, (NPA), and a chieftain of the Peoples Democratic Party, (PDP) in August 8, 2008, coupled with the speed at which the trial was concluded at the High Court of Lagos State is a great achievement which re-enforces the belief that cases could be heard within a period of one year rather than the traditional years spent on cases in Nigeria.
Most interesting was the fact that the Nigeria Judiciary did not allow itself to be stampeded in the George’s trial as Justice Joseph Oyewole defied the thousand supporters of George who trouped to the court premises on October 26, 2009 and found him guilty of allegation of N85 billion fraud at the NPA with inflation of contract, disobedience of lawful order and abuse of office.
Though Bode George is appealing his conviction at the Court of Appeal, Nigerians saluted the judiciary for its landmark judgement and are patiently waiting for the conclusion of the trial of other supposed corrupt leaders.
However, in 2010, the judiciary had been so dormant concerning the corrupt leaders, Fayose succeeded in transferring his case to Ekiti state from where it could best be regarded as over with even Fayose already gearing up to join the political race in preparation for 2011.
Other cases like that of Nnamani, Ladoja and Ibori have also dragged on
Upturning of Elections
Following the rapid upturning of 2007 elections by the election petition tribunals in some states in 2007 and 2008 where Governor Ibrahim Idris of Kogi State, Murtala Nyako of Adamawa, Amodu Sheriff of Bornu state, Ibrahim Dankingari, of Kebbi state were put out of office coupled with the sack of Olusegun Agagu of Ondo State and Professor Osaremen Osunbor of Edo State, and the order of a rerun in Ekiti in 2009, the year 2010 witnessed two major upturning of election.
In 2009, Ekiti state election petition tribunal upturned the election of Olusegun Oni of
Although, Oni defeated Kayode Fayemi in the rerun which was marred with violence and massive protest, the judiciary could not be blamed for ordering a rerun in the state but this points to the fact that the role of the judiciary is not finished in the state as Fayemi once more took the matter up at a newly constituted election tribunal to determine and just recently, the court of appeal finally sacked Oni and replaced him with Fayemi.
Just six months to the end of the tenure of Olagunsoye Oyinlola of
Earlier in March 2009, the Court of Appeal in
Howbeit, in May 2010, a newly constituted election tribunal in the State again dismissed the petition of Aregbesola for lacking merit.
Not undaunted with the force against him coupled with the criminal charge levelled against him, Aregbesola headed to the Court of Appeal in Ibadan to appeal the judgement which he finally got in November.
Arraignment of bank chiefs
When on August 14, 2009, Lamido Sanusi, Central Bank governor announced the sack of five bank managing directors and ordered EFCC to effect that they be made to face the wrath of the law for their involvement in huge non-performing loans of their bank, many knew that the judiciary had a busy day ahead of it.
The events which heralded their trial shows how Nigerian expect more from the judiciary as it is expected to consolidate on their other achievements in the Bode George trials and other corrupt leaders.
The bank chiefs were arraigned in 2009 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.
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,
Chief Erastus Akingbola of Intercontinental Bank who in 2009 went into hiding. He later gave himself up in 2010 and has since been arraigned alongside the other bank chiefs
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.
In September, Mrs Ibru entered a plea bargain with the EFCC and gave up properties and assets valued at N191 billion and in the process, she bagged an 18 months imprisonment.
Other cases are still going on though most have suffered several adjournments.
Aondoakaa’s role and nemesis
During the uncertain periods when Yar’Adua was in
Aondoakaa said to be the custodian of the law by virtue of his position did not help matters as he disobeyed many court orders given on Yar’Adua’s ability to lead.
He finally caved when Yar’Adua’s death was announced yet the damage has been done, he had ridiculed the judiciary with his position
A Federal High Court sitting in Calabar, Cross River State, had in early June, restrained Aondoakaa from holding the office of the AGF or any other similar public offices in the future in Nigeria.
It had, therefore, advised the government to always consider Aondoakaa unfit and incompetent to hold public offices because of his conduct while serving as AGF.
Besides, the United States Government on July 1, 2010 confirmed that it had barred Aondoakaa, from entering its territory.
A precedent was set when the Legal Practitioners Privileges Committee slammed a two-year ban on Michael Aondoaaka, former Attorney-General of the Federation and Minister of Justice and stripped him of the rank of Senior Advocate of Nigeria (SAN)
ADR to the rescue of court congestion
For some time now, there has been the canvassing for the adoption of Alternative Dispute Resolution (ADR) in settling court disputes.
ADR is said to relieve court congestion, and prevent undue cost and delay, enhance community involvement in dispute resolution, facilitate Access to Justice, and provide more effective Dispute Resolution
Bearing in mind that the Federal Government has the vision 2020 in mind while the
No doubt there is bound to be disputes between arsing from such participation if one party feels not too comfortable with the policies and programmes of the other party
The role of ADR here is very important. Over the year, states and other bodies had begun to embrace ADR as an effective approach to settling their dispute rather than spend long years in court.
The negotiation Conflict and management Group (NCMG) organised its fifth NCMG African ADR Summit in November 2010. This theme of the summit centred on how ADR can be used effectively to settle Election disputes.
The presence of highly placed people at the summit shows the readiness of
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