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Opinion: Judiciary in the Dock
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By Sehinde Omoniyi
“Somewhere along the way, the balance of power between the prosecution, the defense and the judiciary shifted. We have to readjust it. The stakes are so high – the well-being of so many communities and the trajectories of so many lives, public safety depends on our collective faith in fairness and our view of the law as legitimate” – Emily Bazelon
Over the last few years, the Nigerian judiciary has been perceived as the weeping child of the three arms of government. Whether correctly or otherwise, the common truth is that the man on the street thinks something is fundamentally wrong with the judicial system in Nigeria. This perception places a huge moral burden on the judiciary in this dispensation, and in going forward.
For the first time in the history of Nigeria, judges’ homes were invaded, many top judicial officers are facing trial, and at the height of it all, a sitting Chief Justice was made subject of a public ridicule and in the end, Justice Walter Onnoghen is recorded as the first Chief Justice of Nigeria to be forced out of office on allegations of corruption.
To put it mildly, the integrity of the judiciary in Nigeria has never been this subjected to scrutiny and odium. To compound the problem of the judiciary, the narrow-minded verdict of the Supreme Court in the now celebrated case of the Osun State Governorship Election between Adeleke v Oyetola, seem to have further widened the gulf of trust between the people and the judiciary.
However, the 2019 Presidential Election Tribunal presents another presents another opportunity to the judiciary, to rediscover itself.
Since March, the Tribunal has been fed with tons of evidence on what happened and did not happen by both parties – People’s Democratic Party (PDP) and its Presidential candidate Atiku Abubakar who is seeking the court’s confirmation of himself as the winner and (or) disqualify candidate of the All Progressives Congress (APC) President Muhammadu Buhari. Aside the APC and President Buhari, the other respondent is the Independent National Electoral Commission (INEC) whose conduct of that election has been severally lampooned.
For those who may not have followed the proceedings athe Tribunal, it is important to note that the Petitioner has argued that:
i) The 2nd Respondent (Muhammadu Buhari), was not duly elected by majority of lawful votes cast at the February 23, 2019 Presidential Election.
ii) The election of Muhammadu Buhari is invalid by reason of corrupt practices
iii) The election of Muhammadu Buhari is invalid by reason of non- compliance with the provision of the Electoral Act 2010 (as amended)
iv) Muhammadu Buhari was at the time of the election not qualified to contest the said election, and
v) The 2nd Respondent (Muhammadu Buhari) submitted to INEC an affidavit containing false information of a fundamental nature in aid of his qualification for the said election.
Indeed, in the history of election petitions since Nigeria’s democracy, the amount of witnesses and documented evidence presented by the petitioner including expert witness, has not been recorded.
In a matter of hours, the five-man Appeal Court Judges would be expected to deliver their verdict based on the evidences brought by them. Their task is one which stands to make or mare the judiciary.
Political grandstanding notwithstanding, intimidations from the gladiators and their agents notwithstanding, upon the shoulders of these five judges stands the hope and future of the Nigerian judiciary.
The options before these judges are clear. They either choose to stand by truth supported by evidences presented before them or they may adopt the new albatross of the Nigerian judiciary called technicality and pass over the burden of facing the facts as they are. Whichever way they choose t go, it is a deeper battle of them and their conscience, and the future of the country.
And as stated above by journalist and legal researcher, Emily Bazelon, the judges as the Tribunal owe the legal profession, to Nigerians and humanity in general to display justice and fairness. The judiciary obviously needs a readjustment. “The well-being of so many communities and the trajectories of so many lives, public safety depends on our collective faith in fairness and our view of the law as legitimate”, Emily is not alone in this thought.
The world attention in this coming days is riveted on the Nigerian judiciary, the decision or indecision of the five-man appeal tribunal is sacrosanct.
Sehinde Omooniyi is a Socio-Political writer based in Abuja
A United States-based policy advisory and lobbying firm, Von Batten-Montague-York, has alleged that Nigeria’s President, Bola Tinubu, spent millions of dollars to prevent the release of records of his alleged drug trafficking case.
Von Batten-Montague-York made this allegation in a post on its verified X handle late Tuesday.
According to the firm, Tinubu’s claim that he was not attempting to block the release of the records is contradictory to the action of his own legal team in the ongoing Freedom of Information Act (FOIA) case.
It accused Tinubu of having petitioned the court and consulted with the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration, DEA, as part of efforts to prevent the records from being released.
“Despite claiming innocence, Tinubu has spent millions of dollars to ensure that his drug trafficking records are never released.
“The description of the underlying matter is merely a civil case. The involvement of US law-enforcement agencies in the records dispute demonstrated that the matter involved sensitive investigative material,” the firm said.
The latest allegation from the firm came against the backdrop of the ongoing legal battle over the release of records held by the US Department of Justice, DOJ, FBI and DEA, concerning historical investigations involving Tinubu.
United States District judge, Beryl Howell, had granted Donald Trump-appointed attorney, Jeanine Pirro, additional days to release the alleged drug-trafficking records.
Tinubu had joined the request of the US Department of Justice for a 10-day extension to respond to a motion seeking the release of records relating to allegations of drug trafficking.
Born on December 24, 1971, in the Mbeya Region, Dr Emmanuel John Nchimbi grew up in a family rooted in public service. His father, Mzee John Nchimbi, hailing from Songea District, served as an Assistant Commissioner of Police (ACP) and Regional Police Commander for Mtwara.
Beyond his law enforcement career, the elder Nchimbi was actively involved in politics, serving two terms as a National Executive Committee (NEC) member for Chama Cha Mapinduzi (CCM) through the armed forces wing and later as a CCM regional secretary.
Dr Nchimbi began his primary education at Oysterbay Primary School in Dar es Salaam from 1980 to 1986. He pursued his O-Level studies at Uru Secondary School (Form I to III) from 1987 to 1989 before transferring to Sangu Secondary School, where he completed Form IV in 1990.
He then moved to Forest Hill Secondary School in Mbeya for his A-Level education between 1991 and 1993.
Advancing to higher education, Dr Nchimbi earned an Advanced Diploma in Administration from the Institute of Development Management (IDM) Mzumbe in Morogoro between 1994 and 1997.
Upon graduating, his political trajectory accelerated rapidly: he was elected as a member of CCM’s National Executive Committee (NEC), and by 1998, he was elected Chairman of the CCM Youth Wing (Umoja wa Vijana wa Chama cha Mapinduzi – UVCCM).
Alongside his rising political responsibilities, Dr Nchimbi built a professional background in public service and academia. He worked at the National Environment Management Council (NEMC) from 1998 to 2003.
During this period, he pursued further studies, obtaining a Master of Business Administration (MBA) specialising in Banking and Finance from Mzumbe University between 2001 and 2003. He was later appointed District Commissioner for Bunda (2003–2005) and went on to complete a Doctorate (PhD) at Mzumbe University between 2008 and 2011.
He served in that capacity until October 2006, when he was reshuffled to serve as Deputy Minister for Labour, Employment, and Youth Development until February 2008. He subsequently served as Deputy Minister for Defence and National Service until November 2010.
Source: The Star
Headlines
Tinubu Orders Arrest, Suspension of Three Perm Secs As ICPC Uncovers Another Fake Govt Agency
President Bola Tinubu on Friday ordered the immediate arrest and suspension of three federal Permanent Secretaries over their alleged involvement in the operation of another fake agency uncovered by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
ICPC Chairman, Dr Musa Adamu Aliyu, who disclosed this to newsmen after briefing President Tinubu on the latest findings from the commission’s ongoing investigation into fictitious agencies and weaknesses in public sector processes named the affected Permanent Secretaries to include M S Danjuma, Engr Nadungu Gagare, and Richard Pheelangwah.
The Commision’s latest discovery is coming barely few weeks after exposing the fictitious Presidential Foreign Intervention Promotion Council (PFIPC).
According to Aliyu, the newly uncovered entity, operating as National Brands Development and Made-in-Nigeria Special Project Office, had allegedly secured office accommodation within the premises of the Office of the Secretary to the Government of the Federation (OSGF) without authorisation from the President.
The discovery, he said, was made during the broader investigation into the PFIPC, which President Tinubu had directed the ICPC to undertake.
The fake agency, according to ICPC boss, was promoted by Prince George Buchi Nwabueze, who allegedly operated under several variations of his name, including George Nathan Nwabueze, Honourable George Buchi Nwabueze, Prince George Buchi Nwabueze and George Buchi Nwabueze.
Aliyu disclosed that the commission was engaging relevant officials in the Office of the Secretary to the Government of the Federation to establish how the purported agency came to operate from government premises and to obtain other vital information required for the investigation.
“I have briefed Mr President comprehensively on these new developments. ICPC will continue with its investigation,” he said.
Following the fresh findings, Aliyu said President Tinubu had directed the immediate arrest of Prince George Buchi Nwabueze, as well as the immediate suspension of the three named permanent secretaries.
The commission is expected to establish the roles played by the suspended officials and other individuals in the emergence and operation of the purported agency.
Aliyu said the latest discovery underscored the need for tighter controls and greater scrutiny of government institutions and internal administrative processes.
He commended President Tinubu for ordering a wider policy audit of federal agencies and government processes, describing the initiative as a proactive measure to strengthen the governance system.
His said: “President Bola Tinubu must be commended for the proactive step of directing the policy audit of MDAs and internal government processes towards strengthening government governance system.”
The latest development has widened the scope of the ICPC’s investigation into the proliferation of fictitious government entities and alleged exploitation of official structures by individuals seeking to create the impression of government authority.
The commission’s investigation into the PFIPC was initiated after the purported agency came under scrutiny, with the President subsequently directing the ICPC to unravel those behind its operations and determine whether public officials facilitated its activities.
With the discovery of another purported agency operating from government premises, the ICPC probe is now expected to examine broader institutional weaknesses that may have enabled unauthorised entities to gain access to federal government facilities and present themselves as legitimate government bodies.
