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  • LG Allocation: S/Court judgement Nationally Applicable – Ozekhome

    LG Allocation: S/Court judgement Nationally Applicable – Ozekhome

    ... no ambiguity in the judgement to warrant delay in implementation

     

    Constitutional lawyer, Professor Mike Ozekhome has again insisted that the judgment of the Supreme Court which ordered allocations of funds directly to the 774 local governments in Nigeria is enforceable in all parts of the country.

     

    Ozekhome, a Senior Advocate of Nigeria (SAN) and human rights activist said that there was no ambiguity in the judgment to warrant any delay in its implementation.

     

    In a fresh statement issued on Thursday in Abuja, the senior lawyer maintained that section 162 of the 1999 Constitution upon which the judgment was predicated, was rightly interpreted by the 7-man panel of Justices of the apex court.

     

    Ozekhome asserts “Many Nigerians and non-Nigerians alike have repeatedly asked me if the Supreme Court was not wrong in its interpretation of section 162(3), (4), (5) and (6) of the 1999 Constitution and what happens to the allegedly wrong judgement.

     

    “They want to know if the judgment is superior to the said “clear” provisions of the Constitution and if it is enforceable or capable of being enforced.

     

    “They also want to know how, in the event that I say it is enforceable. My simple answers to both questions are yes, yes and yes.

     

    “Let’s take them one after the other, the judgment of the Supreme Court is superior to the provisions of the Constitution.

    .

    “A law is only what the courts interpret it to be, not what it says on bare paper. That was why Oliver Wendell Holmes Jnr, a very influential civil rights Jurist, Brevet Colonel during the American Civil War and longest serving Justice of the US Supreme Court (1902-1932), who retired from the US Supreme Court at 90, once famously declared;

     

    “The prophesies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law”. In other words, the law, whether constitutional, substantive, statutory, or adjectival, remains what it is-inanimate and dead on paper-until the life and the oxygen of interpretation are breathed into it by a court of law.

     

    “Consequently, it is thus the interpretation which was given by the Supreme Court to the entire section 162 of the Constitution on the sharing procedure between the Federal government, states and the LGs, and not the bare provisions of the Constitution that prevails.

     

    “On the enforceable of the judgment, the answer is also in the affirmative. Section 287 (1) of the 1999 Constitution comes to our rescue by providing that “the decisions of the Supreme Court shall be enforced by in any part of the Federation by all authorities and persons and by courts of subordinate jurisdiction to that of the Supreme Court”.

     

    “Even if the Supreme Court was wrong in its interpretation of section 162 dealing with the State Joint Local Government Account, the judgement remains binding on all and for all times.

     

    “It is only an amendment of the Constitution under section 9 thereof that can override the decision. No person or authority can decide, whimsically and arbitrarily to disobey the judgement or pick and choose what portions of the judgment to obey or which to discard.

     

    “In Rt Hon Michael Balonwu & Ors V Governor of Anambra State& Ors (2007) 5 NWLR ( Pt 1028) 488, the intermediate court held that “an order of court whether valid or not must be obeyed until it is set aside.

     

    “An order of court must be obeyed as long as it is subsisting by all no matter how lowly or lightly placed in the society. This is what the rule of law is all about, hence the courts have always stressed the need for obedience to court orders”.

     

    “It therefore does not matter that the judgment is downright stupid, illogical or not well researched; or that parties affected do not like it.

     

    “Right or wrong therefore, court judgements must be obeyed until set aside by a higher court, or a challenged section is amended by the Legislature.

     

    “Since no court is higher than the Supreme Court of Nigeria, only an amendment to the Constitution by the NASS under section 9 can override the judgment.

     

    “That was why the same Supreme Court, acutely aware that it is susceptible to mistakes and errors being constituted by mere mortals and not almighty God or angels, once famously declared through late venerable Socrates of the Nigerian Bench, Honourable Justice Chukwudifu Oputa, in the causa celebre of Adegoke Motors Ltd v Adesanya (1989) NWLR ( Pt 109) 250, that “the Supreme Court is final not because it is infallible, it is infallible because it is final”.

     

    “On how the Supreme Court judgment is implementable, yhe answer is equally simple. The FG, states and LGs should now meet (and I am told they have been meeting) at FAAC and decide on modalities and procedures of opening up accounts for LGs so that their allocation under section 162 is paid directly to them and not to the joint state LG account that is oftentimes waylaid by state Governors and fleeced without the helpless and hamstrung LGs being able to raise a finger.

     

    “This is not rocket science.That refusal by state governors to remit to the LGs was the ugly mischief the Apex Court judgment sought to cure; and it did so perfectly, loud and clear, in my own humble opinion.

     

    “Inter alia, the Apex Court had declared emphatically that, “by virtue of section 162(3) and (5) of the Constitution of Nigeria, 1999, the amount standing to the credit of LGs in the Federation Account shall be distributed to them and be paid directly to them”; that “a state, either by itself or Governor or other agencies, has no power to keep, control, manage, or disburse in any manner, allocations from the Federation Account to LGs”.

     

    “The Apex Court also granted injunctive orders restraining “Governors and their agents, officials or privies from tampering with funds meant for the LGs in the Federation Account” ; and further ordered “immediate compliance by the states, through their appointed officials and public officers with the terms of the judgment and orders”.

     

    “The apex court further ordered the “Federation or Federal Government of Nigeria through its relevant officials, to forthwith commence the direct payment to each LG of the amount standing to the credit of each of them in the Federation Account”.

     

    “The content, terms and directives contained in this judgement, are in my humble opinion, very straight forward, unambiguous and are as clear and clean as a whistle.

     

    “All parties concerned, – FG, states and LGs- must therefore obey and enforce this judgement immediately. There is no option.I had earlier made public this same opinion of mine.

     

    “I had written and stated on several fora that in my humble understanding of the principles of interpretation, the Supreme Court was right in the interpretation it gave to section 162 of the Constitution, so as to prevent continuation of years of wanton abuse of the provisions of section 162 by state governors.

     

    .”I still stand very firmly by this my earlier opinion.God bless Nigeria as we collectively seek true fiscal federalism and not the present unitary system of government that we are currently operating under the thin guise of federalism”, Ozekhome said.

  • 87 Lawyers elevated to Senior Advocates

    87 Lawyers elevated to Senior Advocates

    The Legal Practitioners’ Privileges Committee, (LPPC) has elevated 87 lawyers to the prestigious rank of Senior Advocate of Nigeria, (SAN) .
    The rank of SAN is awarded as a mark of excellence to members of the legal profession who have distinguished themselves as advocates and academics.
    The 87 lawyers were conferred with the rank at the 164th Plenary Session of the Committee under the Chairmanship of the Chief Justice of Nigeria (CJN) , Justice Olukayode Ariwoola.
    A statement by the Secretary of the LPPC, Hajia Hajo Sarki Bello in Abuja indicated that the 87 lawyers were picked for the award from the 98 lawyers shortlisted last month.
    The statement also revealed that 11 applicants were dropped from the race for undisclosed reasons.
    Similarly, the meeting was said to have considered five different petitions written against some of the applicants and were dismissed for lacking in merit.
     Meanwhile, the new senior lawyers would be inaugurated into the inner bar on September 30 this year.
    The newly elevated lawyers for year 2024 are:
    Lateef Olaseinde Karim, Godwin Tagbo Ike, Johnson Odionu, Nnodim Marcrllinus Duru,
    Innocent Adamd Ovbagbedia, Soronnnadi Anthony Njoku, Adamu Abubakar, Charles Oyaole Musa,Udochi Nunny Iheanacho, David Dare Onietan and Elele Chinatu Casmir.
    Others are Josiah Rapuluchuks Nduka, Godwin Ikechukwu Obeta, Habeeb Orisavbia Ilavbare, Moses Kolade Obafemi, Mathew Echezona Esonanjor, Bsba Fika Dalah, Babatunde Ademoye Sodipo, MustaphaIkhegbe Abubakar, Emmanuel Ibhagbemien Esene, Henry Adedayo Bello,  Boniface Chinedu Moore, Clement Amechi Ezika, 0mokayode Adebayo Dada, Edwin Anikwem and Roy Ogbonnaya Umahi Nwaeze.
    Also on the list are Olumide Oniyire Olugbenga, Monday Onyekachi Unani, Ayoola Olufemi Ajayi, Paul Chukwuma Obi, Olasupo Dominic Ati-John, Cole Segun Ololade, Charles Ayodeji Adeogun-Phillips, 0kechukwu Kingsley Abundance, Ikechukwu Kings, Jacob Ocheogbu Ifere, Emmanuel Aderemi Adekile, Christopher Ehumadu Okeke and Oluronke Adeyemi.
    The list also comprises Oluwole Olawale Afolabi, Toboukebide Kekemeke, Akinbamigbe Adesomoju, Victor Owarienomare Odjemu, Josiah Ojochide Daniel-Ebune, Olukunle Ogheneovo Edun, Abdulaziz Enebi Ibrahim, Stanley Chidozie Imo, Charles Oladipo Titiloye, Abdulkarim Kana Abubakar, Kingsley Chuku and Adeyinka Oluwaseun Aderemi.
    Others include Olaolu Akintunde Owolabi, Adedeji Sharafaderen Abdulkadir,
    1dowu Omotunde Benson, Kolawole James Olowookere, Chinasa Thelma Unaegbunam,
    Ademola Oluwawolemi Esan, Omosanya Atilola Popoola, Taiye Ayotunde Oniyide
    Emonye Oga Adekwu, Aderemi Oguntoye, Kashopefoluwa Olawale Balogun, Abdul Adamu and Theodore Okechukwu.
    Also picked are RILWAN Birnin-Kebbi Umar, Chinenye Ifeanyichukwu Okafor,
    Kaka Sheila Lawan, Abba Muhammed, Wendy Nwenenda Kuku, Ekele Enyinnaya Iheanacho, 0kechukwu George Ekele,  Akinyemi Oliwole Olujinmi and Gyang Yaya Zi and 1dris Abubakar and George Ibrahim.
    The rest are Boonyameen Babajide Lawal, Terkaa Jeremiah Aondo, Tochukwu Peter Tochukwu, Uchenna Uzo Njoku, Paul Babatunde Daudu, Chukwudi Kachukwu Enebeli, Yusuf Olatunji Ogunrinde, Tobechukwu Kenechukeu Nweke, Ademola Kamardeen Abimbola, Yunus Abdulsalam, Mofesomo Ayodej Tayo-Oyetibo and Chukwuemeka Agamadodaigwe Nnawuvhi. The only successful academic applicant is Profesdor Gamu Oke Adeyemi.

  • Suspended Adamawa REC petitions NBA over planned disciplinary action

    The suspended Independent National Electoral Commission’s (INEC) Resident Electoral Commissioner (REC) for Adamawa State, Hudu Yunusa Ari, Esq. has petitioned the Nigerian Bar Association (NBA), urging it to stay action on the alleged moves to refer him to the Legal Practitioners Disciplinary Committee.

    Ari argued that the subject-matter of his actions is pending before the Adamawa State High Court in Charge No. HC/ADSY/15/2023, which was filed on July 5, 2023.

    He submitted that the move to discipline him will amount to double jeopardy since the matter is subjudice before a court of competent jurisdiction.

    “Mr President, your alleged anticipated referring me to the Legal Practitioners Disciplinary Committee may result in double jeopardy against me and a breach of my fair hearing contrary to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as Amended,” Ari stated. 

    He expressed optimism that the alleged plans to refer him to the LPDC will remain only an allegation, adding that the “Nigeria Bar Association, has been in the forefront of advising against comments or taking steps on matters pending before courts of law in the overall interest of justice”. 

    “It is in the light of the above, especially the pending cases and criminal charge on the same subject matter, that I request that you stay any action regarding the subject matter of my duties as Resident Electoral Commissioner during the Adamawa Gubernatorial Elections and to refrain from referring the matter to the Legal Practitioners Disciplinary Committee, as to do otherwise would violate sections 144, 145 and 149 of the Electoral Act; Section 36 of the Constitution and; will grossly undermine the proceedings in the various courts,” Ari wrote. 

    The acknowledged copy the petition by Ari, titled: Re: Fallout Concerning My Role As Resident Electoral Commissioner Concerning The 2023 Adamawa State Governorship Election, Request For Stay of Action Thereto” was dated August 21, 2023, and addressed to the NBA President. 

    Ari said his letter was informed by reports and speculations in the media space that he would be referred to the Legal Practitioners Disciplinary Committee following his role at the Adamawa State supplementary Gubernatorial Elections of the 15th April, 2023.

    As a member of the NBA and a law-abiding citizen of Nigeria, Ari told the NBA President that the circumstances which led to his actions as the INEC’s REC, which is allegedly the loadstar of his reference to the disciplinary committee is also the subject matter in suit no. FHC/ABJ/CS/935/2023; charge no. HC/ADSY/15/2023, and Election Petition No. EPT/AD/GV/01/2023, are all pending before superior courts of record in Nigeria.

    Ari explained that the various suits are seeking the interpretation of sections 144 and 145 of the Electoral Act, 2022, regarding the proprietary or otherwise of his declaration of Aishatu Ahmed Dahiru as winner of the Adamawa Gubernatorial Election. 

    “Indeed, on 22nd July, 2023, I would have had an opportunity of presenting those facts at the Adamawa State Governorship Tribunal, for the benefit of the whole public and for posterity’s sake, but for the sustained objection of the Respopondents who objected to my being a witness in the Petition of Aishatu Ahmed Dahiru” Ari told the NBA. 

    He reminded the NBA President, that as legal practitioners, “we have been admonished to refrain from making comments on issues that are still pending before the courts so as not to prejudice them. 

    “With the preceding in mind, I am constrained, out of my deepest respect for the NBA and the rule of law, to only, briefly, state the facts, in order keep you abreast with the events that led to the subject matter of the alleged intention to bring me before the Disciplinary Committee and which, as I earlier mentioned, is still subject of various litigations. 

    “I would continue to maintain the position, due to documents available to me and now before the Tribunal that on the 15th April, 2023, I was compelled by the prevailing circumstances at the time and for the need to uphold the integrity of the Commission to declare Aishatu Ahmed Dahiru as winner of the Adamawa Gubernatorial Election based on the vacuum created as a result of the complicity of the Returning Officer and two National Electoral Commissioners aimed at thwarting the transparency of the said elections. 

    “It is pertinent to note that the Commission, who is the 1st Respondent in the Election Petition, which basically revolves round the lawfulness or otherwise of my declaration, resulting to my suspension from duty, litigations and the speculations of disciplinary action against me, listed 25 witnesses but could not produce any. The same applies to the 37 Respondent, PDP, who listed 15 witnesses.

    “Similarly, the 2nd Respondent, His Excellency, Governor Ahmadu Umaru Fintiri listed 15 witnesses but was only able to secure one hostile witness who gave evidence in support of the Petition,” Ari told the NBA President.