March 3, 2010
The Honourable Chief Justice of Nigeria, CJN, Justice Aloysius Iyoger Katsina-Alu virtually beheaded justice recently when he ordered the President of the Court of Appeal, Hon. Justice Isa Ayo Salami, and the presiding Justices of the Appeal Court sitting in Sokoto to stop forthwith the delivery of judgment on Sokoto State Governorship Election Appeal already slated for 24th February, 2010.
The Honourable Chief Justice of Nigeria, CJN, Justice Aloysius Iyoger Katsina-Alu virtually beheaded justice recently when he ordered the President of the Court of Appeal, Hon. Justice Isa Ayo Salami, and the presiding Justices of the Appeal Court sitting in Sokoto to stop forthwith the delivery of judgment on Sokoto State Governorship Election Appeal already slated for 24th February, 2010.
The aborted judgment would have put to rest the almost endless litigation of the case instituted by the candidate of the Democratic Peoples Party, DPP, Alh.Muhammadu Maigari Dingyadi challenging the eligibility of Alhaji Aliu Wammakko of the Peoples Democratic Party to stand in the Appeal Court ordered fresh elections, having been adjudged unqualified, abinitio, to stand for the 2007 gubernatorial election because the way he was “manufactured” as PDP candidate breached the electoral law and the 1999 Constitution of Federal Republic of Nigeria.
Nigerians who were embarrassed by this strange audacity of the CJN, rose in unison and cried blue murder to this infraction of the independence and sanctity of the judiciary by no less a person than the ‘Chief Priest’ in the proverbial temple of justice.
Simply put, the CJN unconstitutional action is analogical to a medical doctor terminating a nine-month old pregnancy of a hale and hearty expectant mother in the labour room on a flimsy excuse that another man who also lay claim to the paternity of the expected baby complained that the midwives and nurses were biased against him! Judicial wonder in Nigeria shall never end.
DECONSTRUCTING THE CJN’MINDSET
The CJN ostensibly acted in this injudicious manner because of the ‘late hour’ petition against the Honourable Justices of Appeal Court by Governor Aliu Wammakko and the PDP alleging bias and favouritism. The spurious petition which was sent to the National Judicial Commission, NJC, over which the CJN presides did not arose in the course of the proceedings but came after all parties had adopted their briefs and judgment was being awaited. It is crystal clear that the hidden objective of the petition was to arrest justice and postpone the Judgment Day indefinitely to allow Wammakko enjoy to the fullest the stolen mandate as Sokoto State Governor, after all, 2011 is around the corner for Alh.Muhammadu Maigari Dingyadi to have another opportunity to contest again.
This kind of ‘another chance’ mindset is in agreement with the mindset of the incumbent Chief Justice of Nigeria, Justice Aloysius Iyoger Katsina-Alu. When asked by the Senate, during his appearance at the upper chamber, on why election cases dragged on endlessly in Tribunals and Appeal Courts with cases running over two years to complete, the then CJN designate, pointedly stated that, among other reasons for the delay, politicians who lost at the polls should always be patient to seek for peoples’ mandate again, after all, four years period is a short period. We should also recollect that the CJN was one of the four Supreme Court Justices who validated the President Umar Yar’Adua Presidency, in spite of their acknowledgement that the ballot papers used for the 2007 presidential election were not serialized. The Law is really an Ass!
THE CJN POIGNANT ILLEGALITIES
By his singular action to have arrested the Appeal Court judgment in an already concluded case, the CJN has consciously breached and violently violated the letters and the spirit of the 1999 Constitution. He has over stepped the boundaries of his constitutional powers, and has led the National Judicial Council to commit same judicial hara-kiri. No section of the 1999 Constitution empowers the CJN, NJC or their privies to overlord their whims and caprices no matter their interest, emotions and motives on election tribunals and Appeal Courts constituted for election purposes. This outright mendacious action should be roundly condemned, as it is a sure path to anarchy and a state of anomie.
The powers of the Court of Appeal in Governorship election petition appeals cannot be undermined or circumvented by anyone or body, not even the Chief Justice of the Federation in his office or as Chairman of the National Judicial Council because the effect of such would be an unconstitutional interference with the powers and function of the Court of Appeal particularly that of its President.
*Section 285(2) of the Constitution of the Federal Republic of Nigeria 1999 confers on Election Tribunals exclusive original jurisdiction to hear and determine election petitions with respect to whether any person has been validly elected to the office of Governor or Deputy Governor of a State.
The power to appoint the Chairman and other members of the Tribunal is vested in the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be and not the Chief Justice of Nigeria.
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*The Provision of section 240 of the Constitution of the Federal Republic of Nigeria 1999 gives the Court of Appeal exclusive jurisdiction to hear and determine Appeals from Tribunals.
*Section 246(3) of the Constitution provides; “The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final”.
Section 153 of the Constitution of the Federal Republic of Nigeria 1999 provides for the establishment of the National Judicial Council the composition and powers of which as provided for in Part 1 of the Third Schedule to the Constitution are as follows;
“(a) recommend to the President from among the list of persons submitted to it by — (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and
(ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the
Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary Courts of Appeal of the States;
(d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.
(e) collect, control and disburse all moneys, capital and recurrent,The National Judicial Council shall have power to-
(a) recommend to the President from among the list of persons submitted to it by-
(i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and
(ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and
Judges of the Customary Courts of Appeal of the States;
(d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.
(e) collect, control and disburse all moneys, capital and recurrent, for the judiciary;
(f) advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;
(g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;
(h) control and disburse all monies, capital and recurrent; for the services of the Council; and
(i) deal with all other matters relating to broad issues of policy and Administration”.
It is pertinent to note that, the council’s disciplinary power does not extend to stopping the reading of the judgment in a matter that has already been heard on the merits and reserved. Nobody in Nigeria has such a power. Even the Court’s themselves which are constitutionally empowered to have complete control over any matters over which they have jurisdiction cannot suspend or arrest a judgment pending before their court or any other Court.
The Court of Appeal is the final court with respect to Governorship petition appeals. The Supreme Court has no jurisdiction whatsoever over such. Neither the Supreme Court nor the National Judicial Council can sit on appeal over, review or reverse the proceedings or judgment of the Court of Appeal in a Governorship petition appeal.
Where then did the honourable CJN derive his power to waylay the judgment on Sokoto state governorship election that the court of appeal would have delivered on 24 February 2010?
We hasten to state that this illegality portends grave danger ahead. Justice delayed, is justice denied, and of course justice for sale. Indiscriminate arrest of Bafarawa and other DPP stalwarts, intimidation and even death would not stop the Sokoto people from retrieving their mandate they freely gave Alh. Muhammadu Maigari Dingyadi.
GOD BLESS NIGERIA!
Oludare Ogunlana
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The aborted judgment would have put to rest the almost endless litigation of the case instituted by the candidate of the Democratic Peoples Party, DPP, Alh.Muhammadu Maigari Dingyadi challenging the eligibility of Alhaji Aliu Wammakko of the Peoples Democratic Party to stand in the Appeal Court ordered fresh elections, having been adjudged unqualified, abinitio, to stand for the 2007 gubernatorial election because the way he was “manufactured” as PDP candidate breached the electoral law and the 1999 Constitution of Federal Republic of Nigeria.
Nigerians who were embarrassed by this strange audacity of the CJN, rose in unison and cried blue murder to this infraction of the independence and sanctity of the judiciary by no less a person than the ‘Chief Priest’ in the proverbial temple of justice.
Simply put, the CJN unconstitutional action is analogical to a medical doctor terminating a nine-month old pregnancy of a hale and hearty expectant mother in the labour room on a flimsy excuse that another man who also lay claim to the paternity of the expected baby complained that the midwives and nurses were biased against him! Judicial wonder in Nigeria shall never end.
DECONSTRUCTING THE CJN’MINDSET
The CJN ostensibly acted in this injudicious manner because of the ‘late hour’ petition against the Honourable Justices of Appeal Court by Governor Aliu Wammakko and the PDP alleging bias and favouritism. The spurious petition which was sent to the National Judicial Commission, NJC, over which the CJN presides did not arose in the course of the proceedings but came after all parties had adopted their briefs and judgment was being awaited. It is crystal clear that the hidden objective of the petition was to arrest justice and postpone the Judgment Day indefinitely to allow Wammakko enjoy to the fullest the stolen mandate as Sokoto State Governor, after all, 2011 is around the corner for Alh.Muhammadu Maigari Dingyadi to have another opportunity to contest again.
This kind of ‘another chance’ mindset is in agreement with the mindset of the incumbent Chief Justice of Nigeria, Justice Aloysius Iyoger Katsina-Alu. When asked by the Senate, during his appearance at the upper chamber, on why election cases dragged on endlessly in Tribunals and Appeal Courts with cases running over two years to complete, the then CJN designate, pointedly stated that, among other reasons for the delay, politicians who lost at the polls should always be patient to seek for peoples’ mandate again, after all, four years period is a short period. We should also recollect that the CJN was one of the four Supreme Court Justices who validated the President Umar Yar’Adua Presidency, in spite of their acknowledgement that the ballot papers used for the 2007 presidential election were not serialized. The Law is really an Ass!
THE CJN POIGNANT ILLEGALITIES
By his singular action to have arrested the Appeal Court judgment in an already concluded case, the CJN has consciously breached and violently violated the letters and the spirit of the 1999 Constitution. He has over stepped the boundaries of his constitutional powers, and has led the National Judicial Council to commit same judicial hara-kiri. No section of the 1999 Constitution empowers the CJN, NJC or their privies to overlord their whims and caprices no matter their interest, emotions and motives on election tribunals and Appeal Courts constituted for election purposes. This outright mendacious action should be roundly condemned, as it is a sure path to anarchy and a state of anomie.
The powers of the Court of Appeal in Governorship election petition appeals cannot be undermined or circumvented by anyone or body, not even the Chief Justice of the Federation in his office or as Chairman of the National Judicial Council because the effect of such would be an unconstitutional interference with the powers and function of the Court of Appeal particularly that of its President.
*Section 285(2) of the Constitution of the Federal Republic of Nigeria 1999 confers on Election Tribunals exclusive original jurisdiction to hear and determine election petitions with respect to whether any person has been validly elected to the office of Governor or Deputy Governor of a State.
The power to appoint the Chairman and other members of the Tribunal is vested in the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be and not the Chief Justice of Nigeria.
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*The Provision of section 240 of the Constitution of the Federal Republic of Nigeria 1999 gives the Court of Appeal exclusive jurisdiction to hear and determine Appeals from Tribunals.
*Section 246(3) of the Constitution provides; “The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final”.
Section 153 of the Constitution of the Federal Republic of Nigeria 1999 provides for the establishment of the National Judicial Council the composition and powers of which as provided for in Part 1 of the Third Schedule to the Constitution are as follows;
“(a) recommend to the President from among the list of persons submitted to it by — (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and
(ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the
Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary Courts of Appeal of the States;
(d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.
(e) collect, control and disburse all moneys, capital and recurrent,The National Judicial Council shall have power to-
(a) recommend to the President from among the list of persons submitted to it by-
(i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, and
(ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and
Judges of the Customary Courts of Appeal of the States;
(d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.
(e) collect, control and disburse all moneys, capital and recurrent, for the judiciary;
(f) advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;
(g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;
(h) control and disburse all monies, capital and recurrent; for the services of the Council; and
(i) deal with all other matters relating to broad issues of policy and Administration”.
It is pertinent to note that, the council’s disciplinary power does not extend to stopping the reading of the judgment in a matter that has already been heard on the merits and reserved. Nobody in Nigeria has such a power. Even the Court’s themselves which are constitutionally empowered to have complete control over any matters over which they have jurisdiction cannot suspend or arrest a judgment pending before their court or any other Court.
The Court of Appeal is the final court with respect to Governorship petition appeals. The Supreme Court has no jurisdiction whatsoever over such. Neither the Supreme Court nor the National Judicial Council can sit on appeal over, review or reverse the proceedings or judgment of the Court of Appeal in a Governorship petition appeal.
Where then did the honourable CJN derive his power to waylay the judgment on Sokoto state governorship election that the court of appeal would have delivered on 24 February 2010?
We hasten to state that this illegality portends grave danger ahead. Justice delayed, is justice denied, and of course justice for sale. Indiscriminate arrest of Bafarawa and other DPP stalwarts, intimidation and even death would not stop the Sokoto people from retrieving their mandate they freely gave Alh. Muhammadu Maigari Dingyadi.
GOD BLESS NIGERIA!
Oludare Ogunlana
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